Textbook on the Philippine Constitution [Hector S De Leon]

454 TEXTBOOK ON THE PHI LLP PIN~; CO NSTITUTION Sec. 4

!. -Non-stock, non -prolit educational inHtitutions.- All th eir revenues
ar.d assets (i .e., movable property) used actually, directly, and exclusively
: ·'JT educational purposes are exempt from income and property t axes and
::-'.l.Stoms duties . <Sec . 4f3J; see Art. VI, Sec. 28[3].) In other w ords, to be
exempt from taxation, t he profits or assets must be used to improve school
facilitie s a nd academic s tandards. The importa tion, for example, of a J~xuq:
f.S r .~or the President of a school is no t covered by the duty exemption. Upon
their dissolution or cessation of their corporate existence, the a ssets of non-
stock, non-profit institutions are to be disposed of in the manner provided
by law .11 (Ibid.)

Lands, buildings, and improvements of proprietary educational institu-
tions actually, directly, and exclush-ely used for educationa l purposes are
exempt from property tax. (see Art. VI. Sec. 28[3).)

(2) Proprietary educational institutions including those cooperatively-
owned. - They may likew ise be entitled to such exempti ons subj ect to the
limitations provided by law, including restrictions on dividends and provi-
sions for re-investment. ([bid .) The Constitution does not discourage the
profit motive in the operation of private schools. While it is t rue that there
are civic-spirited individuals who would establish schools not for profit but
purely for charitable a nd humanita rian purposes, an u ndue stress on
sacrifice a nd charitable motive is u nrealisti c a nd impractical. W ere it not
for the profit motive, hundreds of private schools would not have been
established and t he government would not have been able and would not be
able to cope with the de mand for educati0!1 . Indeed, the fin a ncial problems
facing the educational system would be beyond solution if owners of private
schools s uffering a streak oflosscs should turn to other profitable ventures.

There are good private schools which may find it extremely diffLcult, for
reasons beyond their control (e.g., increasing costs of operations, strikes of
faculty members demanding salary increases, student demonstrations) to
meet the high academi c standards set by them. The governmen t is duty-
bound to encourage and support them. It is in recognition of the vital role of
private educational i nstitutions in nation -building that the Constitution
allows the grant to them of tax exemptions as in the case cf non-stock , non-
profit schools. However, the exemptions shall be subject to the limitations
provided by law, includi ng r estrictions on d ividends and provisions for re-
investment. The purp ose of the limita tions is to insure that the tax benefits
are u tilized to improve the school facilities a nd the quality of education
given in t he schooL

(3) Grants, endowments, etc. - All gran ts, endowments, donations or
contt ibutions u sed actually, directly, and exclusive ly for e ducational pur-
poses are also exempt fro m tax . Congress may prescribe conditions fo r the
enj oyment of the exemption (Sec. 4[4 ].) to provide safeguards against abuse
of the privilege.

; ::-.~ !'·- ·:,.rning law is the C<>rporation Codo of the Philippines. (D.P. Blg. 68. Sees. 94-

Sec. 5 ART. XIV. -·- EDUCATIO~, SCIENCE AXD TECHNOLOGY, 455
AHTS, Ct.'LTURE ANI> SPURTS
Educ<ttion

SEC. 5. (1) The State shall take into account regional and
sectoral needs and conditions and shall encourage local plan-
ning in th~ development of educational policies and programs.

(2) ~cademic freedom shall be enjoyed in all institutions of
higher learning.

(3) Every citizen has a right to select a profession or course
of study, subject to fair, reasonable, and equitable admission
and academic requirements.

(4) The State shall enhance the right of teachers to profes·
sionaladvancement. Non-teaching academic and non-academic
personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to
education and ensw·e that teaching will attract and retain its
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and ful-
fillment.

Regional and sectoral needs and conditions
to be taken into account.

In the formulation or development of educational policies and pro-
grams, the State is required:

( 1) ··to take into account. regional and sectoral needs and conditions; and

(2t to encourage local planning. (Sec. 5Lll.)

The Con~titution gives due recognition to the fact that different regions
or sectors have different, and in many cases, peculiar problems, needs and
requirements. The ~ituational realities of a school in Manila, for example,
are quite different fror!'t those of a school in lfugao. A uniformity of policy
applicable to all regions and sectors will he unwise and impracticaJ.l In the
rural areas, where the greater portion of the population lives, the govern-
ment will find it necessary, because of financial constraints, to maximize
the use of community resources such as civic organizations, parents-teach-
ers associations, and philanthropies so that improvements can be made on
school facilities and services. The tapping of local resources and planning,
and the use of non-traditional instruction methods are measures that may
have to be adopted to improve education in remote areas.

The second requirement is in line with the constitutional policy to
promote the right of ~he people to participate at all levels of df~cision­
making on matters affecting their legitimate and collective interests. (see
Art. 11, Sees. 15, 16.)

1See 1986 UPL Constitution. Educaiion, p. 2:3.

456 TEXTBOOK ON THE PHILlPPINE CONSTITUTION Stoc. G

Institutions of higher learning to enjoy
academic freedom .

L"nder the Constitution, all insjtutions of higher h!arning, both public
.:..::.d privat e universities and college~. above high .school levd, shaJJ enjoy
.acadetnic freedom. (Sec. 5[2}.) The provision is mandatory. It binds the
different organs of the government, the legis lative, the executive, and the
judicial. It seeks to enh an ce the autOllOmy of higher institutions oflcarning.

Under the 1935 Constitution, <'mly "universiti es established by the
State sha ll enjoy acade mic freedo m."- With the increase of institutions of
higher lea rning in the Phi lippines, the extension of the provis ion to priva tl~
colleges and universities is well-ad vi~ed. The rc~Json for affording academic
freedom to professors in the state universities applies to professors in
private institutions as well. The fear th at since some of these institutions.
notably the sectarian schoolB, are e.'!-tablished in the interest of propagat-
ing their respective fa iths, the gua rantee of academic freedom might pre·
vent the removal of faculty mem ben; with opp osing vie\VB , has some justifi-
cation. It should not outweigh, though. the gr l-!ater interest in academic·
freedom, especially in the field of ph~·.sical sciences where objectivity has
greater chances of being attained .~

..M~aning of academic freedom.

;.• '

Academic freedom applies both to the mcm bers ofth<' aeademie ronnnu-
nity as ...well as to the institution it:;~ if.

(;J(YAs a right ofan indiuidualtea,.ht. -The term has bee n dd'ined as

the freedom of the teacher or re:;earl'h worker in higher ins titutions of

learning to invest igate and discu:-~ the problems of his sci ~~n ce and to

express his conclusions whE!ther through publicut.ion or in t ho instruction

of students, without interference from politica l or eedesiastical. authority,

or from the administra tive officials of the institution in which he is em-

ployed, unless his methods are found hy qualifif)d bodies of his own profes-

sion to be clearly incompt~tent or cont r ary to professiona l ethics:'

~~sa right of an indiuidual student..- Academic fre~dom is enjoyed
as w:fl by the student. The Bill of Rights guarante•~B his right to ~yri1e and

sp~~ freely about h is school, its policies Hnd pl'ograms , to form or. join

student associations, an d to engage in activities promoti\'(' of student

welfare. (see Art. III, Sees. 4, 8. 1 l~h_2__righ t .9J .~h.~- .tiJ.\ldt.'nt i~ su bject to
reason~pl_e rules_;:md..r.~g~lation!-l of the educatiQna.J..i nstitutio~~- ~~hTch--ai'so
~njoy~a.ca£1~ 11]j~Jn~_e.9.!·~m, .. ·--~ . ... --·· ··- .. . · . . ·· ·· · -- .. .... .. · ·

~The provision was inscrLt!d in the funda nH.•nt allaw bt-cau.~c ~univera i ti(:s t!l:it.ablisht!d by
the State a r e suppor ted fro m public funrl~ and an .:-xpres~ provi.'<ion to t h at t'fl'<•ct. was de•nned
neces11ary to taka t.hem away from the .~pher•~ of politics.'' !!\ILQt: .Pres. L. B. Monzon·,;; speech
at the PACU Educational C()nferencc in 1.961. l

''Taii.ada a nd Fernand... op . r.·it., p. 1236.
4A.O. Lovejoy, EncyclCJplldia of Snci<d Sc il•ncc ~. p. :384.

Sec. 5 ART. XIV.- EDUCATION, SCIE~CE AND TECHNOLOGY. 457
ARTS, CULTURE A~D SPORTS
Education

~}As a right of an educational institution. - It has reference to the

freedom of !L college or university to determine for itself:

,..(a) "Who may teach:· that is, to pre~<:ribe the qualifications of
r faculty members and select them at its discretion;

; (b) "What may be taught," that is, to decide what subjects to be
taught~or to fix the curriculum;

.(c) "How it shall be taught," that is, to adopt methods, procedures
and pr~ctices of teaching: and

Jd)."Who may be admitted to study," that i:=:. to prescribe the condi-

tions or criteria for the admission of students.' Thus, a school, a semi-
nary for the priesthood. has a right to deny admi~,-ion to one who is a
lay person and a woman. as it enjoys the freedom to determine for itself
on academic grounds who may be admitted to stud~·.'

The guarantee of academic freedo:J:tliS necessarily subject to the regul.a-

..tory powers of the Stat.e. .·Sec. 4[1].)

Importance of guarantee of academic
freedom.

The progress of the community depends on the advancement of knowl-
edge. It is rightly felt that unless intellectual inquiry is allowed the m<J:>t
latitude and freedom, the frontiers ofknowledge are not likely to be pushed
forward. Worse than that, there might even be retrogression because sci-
ence is not stationary.

'l'he faculty member or research worker in th'~ higher institutions of
learning, if given the freedom to investigate and expound his conclusions
reached, is in the same position as the technical expert, whose views on
matters falling within the scope of his discipline may benefit the commu-
nity at large. If, and in addition to his competency, he is likewise impartial.
recognizing and minimizing his own bias or prejudice and serving truth as
he sees it, he is like a judge whose strength proceeds from his firmne:"5.
integrity and competence.'

Guarantee not academic license.

b u t A csapd.ee.cmiaic-l freed om does not mean academic licen!?'e. Inasmu ch as it is
a form of .f re..edom--··o···f- exp.ression·-, ac must nec-
ademic freedom

essarily be subject to the.well-defined limitations on freedom of :=:peech, of

~Sweezy vs. State of New Hampshire, 354 U.S. 234.
6Garcia vs. Loyola School of Theology, L-40779, i\ov. 28. 1!l-;':)
7Taii.ada and Fernando, op. cit., p. 1235. Higher educat!or: •, <-;.sential to nation-build-
ing. It plays a key role in the formation of professional!\ .:c•m!)etent. service-oriented. and
productive citizens who can respond capably to global developments and challenges. Through
its function of teaching and research, it is a prime mo\·•:r uf the nation's socio-economic
growth and progress.

458 TEXTBOOK ON 1'HR PHILli-'PI:\E CONSTITUTION Sec. 5

expre:"-~ion, or of the pre~>s, freedom of associatiCJn, and the right of as~em­
b!y . Art. III , Sees. 4, R. )

.A&ruiemic freedom is the fre(!dom to t~ach what is good and not to teach

.;-ril..Jt cannot, for instance, authorize a -t~adier to te'ach ihaf murder ·tr

:reason or any of the crimes penalized by our criminal laws is good.H In
times of national emergency, limitations may be imposed on the exercise of
the right to academit: freedom.

Right of every citizen to select a profession
or course of study.

/l'he Constitution now explicitly recognizes the right of every citizen to
select a profession or course of study. This right is subject, however, to fair,
reasonable and equitable admission and academic requirements of tht! school.
(Sec. 5[3).) Such requirements may be prescribed or regulated by law.

One serious problem in our country is the phenomenon of young college
graduates not being a ble to find employment. On the other hand , there it; a
dearth of highly skilled personnel being wanted in many industrial estab-
lishments.~ This manpower imbalanlf' has led to the recommendation that
vocational education should be strengthened and college e nrollment be
restricted . In any case involving thE' right menti one d, this problem, includ-
ing the capacity of the individual for higher ed ucation, will have to be
taken into account.

Right of teachers to professional
advancement.

The school teachers, by the very nature of their function, exert tremen-
dous influence for good or bad of their students, Viewed as second parents,
they are second to none in noble sen·ice to our country in the rearing of
good citizens and the future leaders of our nation. To a great extent, the
quality of education depends on the ability of the teacher and the standard
of teaching. The teacher is the key to the learning process. A school may
have the best facilities a nd excellent learning tools but if its teachers are
inefficient and incompetent, the whole educational program would col-

8Matter of Key Vt<. Bottrd of H igher Edu cation. 173 .Mil\c. 1943.
~he contents of education or curricula flhould be aligned with labor market realities.
Ou; universities and technical schools .should train our young generation in those skills or
competence for which a d emand exists. The Mudtmts must he able to rol o.t e and apply what
he learns in the classroom to his specific fi old of employment. Education which ignores the
local job market only promotes joblessness an d a brain drain \i.e., professionals go abroad in
order to earn a decent living).

Education, however. should not merely serve as training or preparation for future
employment for an individual. While preparation for employment is not by itself undesirable,
it should not be the only purpose of education; rather education should be founded on a
holistic view of development, i..e., the focus s hould be on gen uine development centered on
economic and social progress and the formation of a "just and humane society."

Sec. 5 ART. XIV. - gouCATlON, SCIE~CF. A~D TECHNOLOGY, 459
ARTS, CULTURE A..'\D SPORTS
Education

lapse. Indeed, it depends chiefly on the teachE-rs whether the constitutional
aims of education will be advanced or not.

: It is obviously for the above reason that th~ Constitution ha s enshrined
thf:J professional advancement of t e achers as a !Yla t ter of right and imposed

upon the State the duty to enhance it. (Sec..s: -t J.) Some measures have

already been taken towards this end even be:":;~ the effectivity of the new
___.../ Constitution.

(1) To help str engthen t he educational sy:;t.:-:::. . a career progression sys-
tem known as Master Teacher Plan has been ::-...:::.;:ed in the public school
system. This plan allows parallel a dvancement be:::: :::~rank and salary in the
teaching class a s in the administrative grou p. T ::,-:- : :.~a is for the teacher to
remain in the classroom with the rank upgraded u-;: :,:. a. master t eacher level
and a pay equivalent to that of a school superintend.::-.~ . Thus, good teachers
will be encouraged to remain in teaching work a::d :JOt he attracted to
transfer to administrative work only because thE- pay ::>highe r.

(2) A teacher m ay work at obtaining a m a~t€-r of .?. !"t5 degree witho ut
leaving his or her station and at government :;ub5;chz-:d co::>t under the
home study for teachers (HST) program, "a form of nontraditional adult
education to upgrade th e basic professional skills of teach.:-r:;:· The DECS
links up with the University of Life (UL) "to deliver high le\·el courses to
teachers anywhere in the country." HST is a holistic graduate program
culminating in an MA diploma, while PRODED involves initially only
Grade 1 t eachers who will handle PRODED classes. HST is expected to
uplift teache1·s particula rly the deprived and those in distant places, and
further democratize opportunities for educatio n.

{3) L etter of Instruction No. 552 directs the DECS (now DepEd .) and
Civil Service Commission to conduct a continuing det·elopment program for
both classroom mentors and field school officials under lhe aegis of the
Civil Service Academy to upgrade the teaching competencies of the former
and the supervisory and administrative abilities of the latter. Presently,
the educational orientation program (EOP) is being implemen ted. The
program focuses on the building of mentors' competence in developing the
intellectual capacities and civic-social consciousn ess of their pupils. The
training for school administrators, called the educational system manage-
ment program (ESMP), aims at improving competence in institutiona l
supervision and in educational program management.

(4) The DECS (now ~epEd) implemented, starting school year 1988, an
integrated scholarship program for public elementary and secondary school
teachers and field officials. The program is for a 14-month mast.eral short-
term courses designed to upgrade the teaching competence of mentors and
the super visory and administrative abilities of school executives including
head teachers , principals, supervisor s, and division superintendents. Each
of the DECS stations' regional offices will nominate its teacher-scholar to
the DECS' scholarship committee which will select the most deserving of
the nominees.

460 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 5

5 • The teachers are no longt!r considered just part and parcel of the so-
ca::Ed "rank-and-file" of the bureaucracy - they make a profession. For
:his reason, a law10 has transferred the qualifying tests from the Civil
~rvice Commission to the Professional Regulations Commission and now
requires passing the licensure test lor teachers as a prerequisite to entering
the teaching profession.

(6) Another law 11 sets up Centers fur Excellence in Teache r Education,

creating a Teacher Education Council for the purpose. These centers are
tasked to strengthen teacher education by providing teachers with scholar-
ships, postgraduate training, and other opportunities for their professional
advancement.

(7) The National English Proficiency Program (NEPP) of the Depart-
ment of Education aims to identify the strengths and weaknesses of public
school teacher in English comprehension and usage. Further, it serves as
an indicator to identify top performing teachers who will serve as English
mentor~ in their respective schools divisionsY

(8) The Equivalent Record Form rERF), an automatic position upgrad-
ing program for public elementary and secondary school teachers initiate<!
by the DepEd with the Department of Budget and Management (DBM) in
2004, considers a teacher's education preparation, training, teaching expe-
rience and extra-curricular activities for automatic promotion of qualified
mentors, i.e., from Teacher I to Teacher 11, with corresponding adjustment
in salary. The !:lchools division superintendent is tasked to initiate the
filing of ERF of teachers with 20 years of experience, while the filing of
ERF of those who have less than 20 years experience but have earned at
least 20 units in Master of Arts (:\1AJ degree can be initiated by the
teachers concerned.

Right of non-teaching academic and
non-academic personnel.

The Constitution expressly declares that they shall enjoy the protec-
tion of the State. While such right is already covered by the provision under
Social Justice m andating the State to afford full protection to labor (Art. XIII,
Sec. 3.), a separate guarantee is necessary to stress that the s pecial concern of
the Constitution is not confined to the welfare of the teachers alone.

The non-teaching workers -~..:P· , registrars, librarians) in our schools
also render invaluable service in ma'King it possible for education to be

10R.A. No. 7836 <Dec. 16, 1994 l, The Philippine Teach ers Prof~st>ionalization Act of 1994.
R.A. No. 8545 (June 10, 1989), as amended by R.A. No. 6728 (Feb. 24, 1998), provides
government assistance to students and teachers in private education.

11R.A. No. 7784 (Aug. 4, 1994).
12The program has five (5) phases, namely: Self-Assessment Test; Mentor-Training
Program; National Trainers in Mentoring; Orientation for Administrators to Support the
Mentor Program; a nd Monitori ng and Follow-up. The self-asses~Sment test among high school
teachers began in August. 2003.

Soc. fi ART. XIV. - El>U(',\T£0N , SCIE~CE ANT> Tii;CHNOLOGY. 461

ARTS. <.T LTURE AKD SP OHT'S

Education

available and accessible to a ll. It is obvious that schools cannot function
without them.

State to assign the highest budgetary

priority to education.

The Constitution has restOred education as a primary concern of the State
in the provision which rE"qwres the State to ~~ssign the highest_bl!dg~tary
priority to educati.OI\1~ and .:nsure that teaching will attract and retain its
~~.!!~~ share of the best &\·ailable talents through adequate remuneration
and other means ofjob $-at~:·action· and fulfill men~ .- ·Sf:'c. 5[5].)

The provision direc:::; attacks the fundament al problem behind the
deterioration of the ed'..lc a:!•:>nal system. It reverses the policy of a previous
regime during and eYer: af:i'r the lifting of martial law which gave to the
military the lion's shart- -:f :he budgetary pie. The constitutional mandate
can be implemented b:· ;E--:·~.enting government priorities. :' getting a por-
tion of the funds allo::.:c :.:· offices of lesser priority, pre\·enting graft and

corruption and wastage 0: :"·..l.l1d s on unproductive activities, and instituting

cost-s aving de\·ices. The biE7 sa,·ings may then be set aside for education .

Duty of State to improve k)t of teachers.

...-The performance and morale of teachers will be low if their salaries are
low. The guarantee of -adE"quate remuneration and other means of job satis-
faction and fulfillment"· vr.ill rorrect the years of neglect of the nation's teach-
ers who constitute one of the biggest occupational groups in the country.

It will restore teaching to its former dignity and status &s the career of
choice of the most talented and most public spirited of our yo unger genera-

tion. It will also stop the dec!ioe in the teaching profession and the l:Jrain

9-x'ain which have resulted m the loss of young and talented teachers who
have been forced to leave teaching because of the low remuneration, the
long working hours, and the hardships associated with teaching chores, not
to mention non-teaching work •e.g.. election duty and other civic duties)
imposed on them that affect their efficiency and growth. Many teachers
swallow their professional pride and social standing by accepting menial
jobs abroad. The improvt!ment of their lot will likewi se put to an end the
sight of teachers who in the past engaged in concerted mass actions like
walkouts, strikes and pickets, demanding improvement of their lot.

13There is s~mply not enough money for all educational needs all at once. Other pressing
needs have to be addressed- peacP. and order, energy, agrarian reform, housing, infrastruc-
ture, and of late, foreign debt service. Congress has to decide on priorities when allocating
funds among the levels of cducati(m (elementary, secondary and higher), among the different
regions, between academic and vocational/technical training, between teacher and material
inputs. Be that as it may, to be ahle to attract the best and the brightest to be teachers in our
public schools, the government must be willing to pay a salary attractive enough to lure
young graduates to the teaching profes sion.

1"R.A. No. 7830 (Feb. 20. 1995J requires a fair allocation of ca pital outlay for DECS, now
DepEd.

4fi2 TEXTBOOK O N THE PHILIPPJ::-;E CONSTITUTION Sec. 6

Finally, with competent and dedicated t eachers, it will assure quality
.:-C.ucation to our youth, and to our nation, a better and enlightened future
g e n e ra t i o n.

v -LANGUAGE

SEC. 6. The national language of the Philippines is Filipino.
As it evolves, it shall be further developed and enriche.d on the
b asis of existing Philippine and other languages.

Subject to provisions oflaw and as the Congress may d eem
appropriate, the Government shall take steps to initiate a nd
sustain the use of Filipino as a medium of official communi-
cation and as language ofinstruction in the educational system.

--Concept of language./
, t,.:._,_a··n--g-u-a·ge- r· e..fe r s to the words, their p r o n u n c i at i o n , and the methods of
/
/ com6m iiig11Hn:rt, used and understood by a considerable community and
/
established by long us age. Dialect is a variant of a language, especially 0:1.e

restricted to a limited arei:T

Importance of language.

The purpose of a language is to communicate - to carry ideas, thoughts
and feelings from one person to another so tha t they are understood. Lan-
guage, therefore, is called a ~o.ci~l institution, meaning that men have in-
vented and developed language to satisfy the need to communicate with one
another.

AsLanguage .is the nation's so1,1,l. It not only functions as a medium of

communication.· a·V!tal feature of a nation's culture, it records its history,
and preserves and perpetuates t he way of life and achievements of its people.
Through its rich vocabulary, we can see the many foreign influences that
have seeped into our people's life through the years.

Civilized peoples of the world today h ave languages that are highly
developed. They are capable of expressing t houghts and ideas in every field
of knowledge known to men.2

National language is Filipino.

(1) Under the 1935 Charter, Congress was directed "to take steps
towards the development and adoption of a common national language based

1Webster's Third New Int. Dictionary, p. 1270.
29 B ritannica .Junior Encyclopedia (1969), p. 62.

Sec. 6 ART. XIV. - EDFC:ATIOK, SCIF.~C:F. AND TE CHNOLOGY, 463
ARTS. <TLTURE A~D SPORTS
Languap-(:

on one of the existing native languages."> The mono-based language school of
thought won over those ad,·ocating a multi-ba~ed national language.

(2} In the 1973 Constitution, the Ban!'ang Pambansa was directed to
''take steps towards the development and f.~·cmal adoption of a common
national language to be known as Filipino .. , While the common national
language contemplated in the 1935 Consti~:.:.::. :~ ,.,..as based on one of the

existing languages. the Filipino to be d~\ .:-> ;,.::d pursuant to the 1973

Constitution could be a fu:;ion of the differt-:-:~ :-: ~.tive languages and dia-

/ lects spoken in the Philippine s. The multi-ba:'t-(] :.:.:-:guage school of thought
prevailed. In other words. it need not he b.:.:<~:: ~·n one of the existing
languages but on all of our native languages a:-. .: ~ :.~ :~cts, although it could
be based on one of the existing languages a.:< ·.:~..::.:-r the 1935 Charter
pursuant to which thf' Tagalog-based Pilipino •w;·.:-.: .:.pi tal "P") was evolved
by the Institute of ~atlon al Language as the exi :::: :.: ~ ~<Hionallanguage.

(3) Both the 197;) and 1987 Cons titutions make r~?!.:-:·e nce to the same
Filipino language that is based not on only one hut on all native languages.
Section 6 makes F; ."lpmo the country's national language . It makes it clear
that said language 1s already existing and evolving a nd a:; Filipino evolves,
it shall be furtho?r dEVeloped and enriched on the basis of the E>xi:;tin g
Philippine and vther languages, not of just one existing language. F ilipino
principally ba:;ed on Tagalog will eventually include selected words taken
from various t-xisting native languages as well as most familiar or com-
monly used words from foreign languages.5

Pilipino not immediately abrogated.

Apparently, the Constitution envisions a language which favors no
single ethnic linguistic group and which, hopefully. would be more accept-
able to the great maj ority of our people. HoweYE~r. Tagalog is likely to
remain as the principal basis of our national language as it is understood
and spoken in practically all regions of the country. It is the predominant

~Artidc XIV, Section :; thereof. After the t·atification of rhe 19:~5 Constitution, the
National Assembly created th e Institute of National Langua g~ which recom mended to Presi-
dent M;mucl Luis Quezon th~;~ choice of Tagalog a::: the, bas is of our common national

Language . President Quezon prod11imed on Novemb.:r :l•J. 19::17 Tagalog as the national
Language oftht~ Philippines. The lnt'ltitute sP.It'cted Tagalog in view of its being widely spoken
and the most und~>rt<tood hmguRge in all the regions of the country.

'Article XV, Section 3(2) tliereof.

!Today's Tagalog-based Filipino is estimated a::: having aroun i 30,000 root-words a nd
around .?00 affix~;;. Of the n>ot-words, t h e recognizable loans at this time are, in round

numbers: 5.000 from Spanish; 3.200 from Malay-Indonesia; 1,500 from Chinese; 1,500 from

English; 300 from Sanskrit; 250 from Arabic; and a few hundred altogether from Mexican,

Persian, Japane.-e. and otht>r languages. Latin, Gr{<{,k, and other Indo-European languages
have appreciable influences upon Philippine language~ made through Spanish and English.
A lexical count of Tagalog. if made to include reduplicates, compoundings, affixed forms, and
comhinationfl, would take a minimum record ofthrcoe i3J million word~;. (The Roots ofTagalog
Language by Manalo M. Magracia, Philippine Panorama, Sunday, Feb. 8. 2004, p. 22.)

464 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 6

lang-~..;.age used in electoral campaigns and in mass media particularly on
r.acw. television and local films.

There is no provision in the 1973 Constitution that the then existing
national language "Pilipino" is rejected. ~owhere is it provided in Sections
6 to 9 of the new Cons titution that it is immediately abrogated or set aside .
It remains the national language until a law by Congress declares other-
wise.

Need for a national language.

Under t.he Constitution, the s tress is on the development and the
enrichment of a nati onal language on the basis of the exis ting Philippine
and oth er languages.

The Constitution sees the historic w~akness of our national life in the
absence of a national language. It recognizes the necessity for welding the
various reginnal groups into a national whole on the basis of a common
national la ng uage. The effort to a chieve this appears clearly in history but
after about seven (7 ) decades since the adoption of the 1935 Constitution,
the struggle is still on for national unity in terms of language.6

The relatively slow progress towards this end should call for great~r
efforts t owards the adoption and propagation of a common national lan-
guage a s the linguistic symbol of the Filipino race and as linguistic means
for national solidari ty . It is evident that the understanding and usage of
the national language by all Filipinos will serve not only as a vehicJe for
achieving our goal of national identir~· and unity, but also allow for the
more effective transmission of knowledge and information to a larger
segment of the population and promote the Filipino people's collective
participation in nation -building.7

Use of Filipino as a medium of official communication
and language of instruction.

Subject to the provisions of law and as Congress may deem appropriate,
the Government is enj oined to take steps to initiate and sustain the use of
Filipino as a medium of official communication and as language of instruc-
tion of the educational system.H (Sec. 6, par . 2.)

6 197() See UPLC Con stitutional Revision Project, p. 798.
7Baf;ed on a 19R9 ;;urvey of the Aten eo University's center for social policy, 92% of
Filipino~;;, regardleso:; ohegion, understood the national language, while only 41% understood
English. It was projected t ha t hy the end of the century, 98% of the popula tion would be. a ble
to communicate in Filipino.

SFindings of language experts reveal t h at "learning is enhanced when the subjed is
taught in the home languap.-e" and the "superiority of learning when taught in the nationa l
language." The Congressional Commission on Education (EDCOM) has recommended a
revision of the policy of bilingual education by promoting the use of the dominant regional
tmd Fili pi no medium of i ns tructio n such that by the year 2000 all subjects except English
and other la nguages will be taught in Filipino.

S ec. 7 ART. XI \'. ·- J1; L)ll C.\T i i t~ . SCIF.NC E .~~D TECH NOLOGY, 465
ARTS. ( TLTUHE M \D SI'ORTS
Lnngua,:!t'

The "Filipino" which wa~ t•; be the com mon national language u nder the
1973 Constitution is a Tagak:;: -based languagt.> which 1s no different from the
"Pilipino" evolved by the Jn,.:: ;: ;.ne of Nat ional Language. In thE: absence of a
law to the contrary , the "Fi lip: r.:,·· which sh all continue to be used as a medium
ofofficial communication unci a.:; a language of i n ~truction is the s ame Tagalog-
based Filipino referred to ir: ::-.e 1973 Constitution.

SEC. 7. For purposes of communication a nd instruction, the
official languages of the Philippines are Filipino a nd, until
otherwise provided b~· law, E nglish.

The r e gional languages are the aux iliary official l a nguages
in the regions a nd shall serve as a uxiliary media of instruction
there in.

Spanish and Arahic shall be promoted on a voluntary and
optiona) basis.

Official languages of the Philippines.

For purposes of comn:·.;.n H:a tion nnd instruction, the official languages
are F ilipino and Engl i::h . F: ;ipmo shall always remain an offi cial language .
(Sec. 7, par. l.l Congre :;~ ~na~· . by law, provide tha t only Filipin o shall be
t he official language, or r ep::tce English flbid.) with anothe r as an official
language , or m ake a noth er ia nguage (e.g., S pa ni s h) as additional official
language.

The use of S pa nish a:: c.:-: offici al language is no longer justified in view
of the less~ni ng influence of the langu a ge in the Philippine s . It is not ueed
by most l''ilipinos, Bngl ish and Pilipino bein g preferred by them.

Need for communication skills in English.

E nglish is ihe a ccept('d u ni\·ersal la ngua ge of commerce, science and
diplomacy. It is the language of cyherspace or information technology. It is
our window to the world·~ treasure house of knowledge and the basic
m eans for ou r survival in an el ectronically dominated world of the 21st
century. .\1ost of our official documents, pa rticularly laws and court deci-
siom:;, arc in thP. English langua ge . Comm unication skills in both written and
spoken Engli~h can go a long way in helping youngsters become successful in
the highly com petiti ve fie lds of business and industry, or in increasing their
ch ances of employment here and abroad. Today, it is a necessity for anyone
seeking a place in our wired· global economy. 1

It will be im pract ical to impose Filipino as the sol~ medium of instruction in schools . The
national l angu<~ ge ;:.huuld he all owed to develop by itself. Fo i~;ting n c~rta in language on u
mu lti·e th nic ~=;odery lik E:' thE:' Phi li ppiMs will merely crea te ne w problems.

' Exc~:. Order No :2 lfJ ,~f;•r<·h 7, 200a: t:>.~tahl ishei' t.hc p••licy t<J ~;trengthen the use ofthe
English la nguage as a mE:> di u m of iu:; truct.ion in all pu blic and private institutions of learning
in t.he secondary and tP.rtiar~· leq:J,;, En gli,;h .~ha ll he taught as a ::;econrl language, startin g

TEXTBOOK ON THE PHILIPPINE CONSTITUTIO~ Sec. 7

Propagation ofEnglish is not incompatible with a genuinely nationalis-
=..: education. The tools and methods for teaching English in all levels of
schools should be upgraded to produce highly literate and skilled workers
without necessarily obstructing thE' growth and development of a common
national language. The PhiHppines long enjoyed advantage i.n the interna-
tional labor market among a11 peoples of Asia because of its use and
understanding of English. While other Asian countries have been pushing
the use of English, the Philippines has let it fall into relative neglect.2 The
fact is that Filipino while emotionally meaningful in our country, has little
international value. The policy should be to improve the comprehension
and expression skills of our children in hoth languages. It is dictated not
only by the need for unity and convenience, but also to keep us abreast of
other countries in the fields of information and communication which use
English to communicate the world o\·er.J

Auxiliary official languages.

Filipino and, until otherwise provided by law, English, are the official
languages of the Philippines. In the different regions of the country, the
regional languages are the auxiliary offlc:ial languages and shall serve as
auxiliary media of instruction therein. (Sec. 7, par. 2.) This means that
they can also be used as official languages to supplement Filipino and
English. The Constitution takt>s into account the fact that not all people in
a region speak or understand Filipino or English. The use of regional
languages will facilitate communication.

Spanish and Arabic are languages of world importance spoken by many
Filipinos. However, since they are not official languages, the government is
not bound to promote their use. They shall be promoted on a voluntary and
optional basis. (Sec. 7, last par.)

with the First Grade and u~ed as the medium of instruction for Engli:;;h, .Mathematics, and
Science from at IC!a~:>t the Third Grade level. The objedive is to develop the aptitude,
competence and prof1ciency of all students in the usc of th.-~ F:nglish language to make them

better prepared for t.he job opportunities in the new. tPchnology driven i"edorr; of t.he
economy. The Filipino language shall continue to he th~! medium of instruction in the
learning areas of Filipino anrl Ar-ali.ng Panlipunan.

2At the end of the I980'~;, th~ l'hilippinc::o continued to he on top of its A~ian n()ighbors in

speaking and writing English. While the rest in the rngion were enhancing their k:nglish

language skills, the Philippine took the opposite direction from a nation with decades of
legacy in English proficiency by down playing English teaching and usage.

31'hen: is no way we will lo!>e Filipino and other language;; by refocusing on English

learning in our elementary and high schools. Our multi-cultural environment makes our

youth ver·satile in speaking several languages well. There are numerous opportunities to

practise Filipino in our everyday lives. In fad, an averoge f'ilipino, even in r!lgions where

Tagalog is not the mother tongue, is constantly bombarded with it in the news media,

especially the radio. television and the movies. He has ample opportunities to hear Filipino
spoken and to practice Filipino with numerous immigrantt' from Luzon.

Sec. 8 ART. XIV.- ED UCATION, SCI E.:\IE .l.~D TECHNOLOGY, 467
ARTS, CU LTuRE .~'\1'• :'PQRTS
Languag.:·

Difference between official language
and national language.

Official language is the prescribed meci;:.:.:-:: of communication in the
government, the courts, and the schools. It :::-..3.:.- not be the national lan-
guage. On the other band, national laagua€<. " : ht': standard medium of
communication among the people. It may r..:: :...:· an official language.
Under the Constitution, however, Filipino i~ c~-: :.c.r.:d as an official lan-
guage.

SEC. 8. This Constitution s hall be promulgat~d in Filipino
and English and shall be translated into major regional lan-
guages, Arabic and Spanish.

Constitution officially promulgated
in Filipino and English.

Section 8 directs that the new Constitution be officially;::.:--: :":·.·..: : ~ated in

Filipino and English. The retention of English as a language fvr ::-:.-= )f!!cial

text is justified because of the richness of American and Engli;;n jun~pru·
dcncc interpreting many provisions of the Constitution. particularly the
provisions of the Bill of Rights1 which, by settled rules of interpretation, is
applkable in our jurisdiction.

Translation and interpretation.

Section 8 also mandates that the new Constitution be translated into
major regional lar.guages,2 Arabic, and Spanish. To be snre . the Constitu-
tion, being the fnndamentallaw of the land, should he cl oser to the under-
standing of the people and it is, therefore, imperativE-! that it be translated
in their language as above required.

In case of conflict in its interpretation, the 1973 Constitution provides
that the English text shall prevail.3 This is so because the p1·oceedings in
the 1971 Constitutional Convention were conducted in English. There is no
similar provision in the new Constitution. It is believed that the same rule
applies for the same reason and the fact that the Constitution was origi-
nally adopted by the Constitutional Commission in English. However, in
case of ambiguity, omission or mistake in the English text, t he Filipino text
may be consulted to explain t he former.

:1970 UPLC Constitt.tion Revi~; ivn Project, p. 30H.
2"There are about llllinguistic. ('ultural and racial groups in the Philippines who speak

a total of about 100 languagc!l with eight majo r ones and 400 dialects all in alL" ("Filipino,
not Pilipino" by Assemblyman G.C. Lopez, Jr., Bulletin Today, Aug. 17, 1985.)

3ArLicle XV, Section 3! 1) thero of.

TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 9- 11

SEC. 9. The Congress shall establish a n ati onal language
commission composed of representatives of various regions and
dis ciplines which s h all undertake, coordinate, and promote
r esearches for the d evelo pment, propagation, a nd preservation
of Filipino and other languages.

National language commission
to be established.

Section 9 orders Congress to establish a national language commis-
si<Jn.1 Its function is to "undertake. coordin ate and promote resea r ches for
the de v<>lopmen t, propagation and preservation of Filipino a nd other lan-
guages.'·~ The commis!:li.on s hall bt- composed of representatives of various
r egions and disciplines.

The n ew office con templated by the Cons titution has a higher status
than the then existing Institute of ~ational Language. Th e broad-based
membership of the commission will ensure the development of a truly
representative nat ional language . The probability is that Filipino will be
a n amalgamation of the r egional languages a r ound Tagalog as its linguis-
tic base, enriched by words from other local dialects, and wor ds borrowed
from for{'ign languages particularly English and Spanish.

SCIENCE AND TECHNOLOGY

SEC. 10. Science a nd technology are ess ential for national
d evelopment and progress. The State shall give priority to
r esearch and develop m ent, invention, innovation, and their
u t ilization; and t o science and technology education, training,
and services. It sh all support indigenou s, appropriate, and self-
reliant scientific and technological capabilities, and their appli-
cat ion to the country's productive systems and national life.

.SEC. 11. The Congress may provide for ince ntives, including
t ax deductions, to encourage private participation in programs
of basic and applied scientific research. Scholarships~ grants·

' R A. No. 7 104 (Aug. 14, 1991) cr eates the Commission on the Filipino Langu age and
p rP.FOct·ihes ils powers, duties, and functions. It provides that t h e Commission shall be
cnrn pN;cd of 1 I rommi!!:'lioners r cpr esent.ing th e various major Phil ippine languages which
incl udA T~.galog. Cehuano, Ilncano, HH igaynon, Bicol, Capampangan, Ilonggo, Pangasinense,
Maguindanao, even the languages of Muslim Mindanao, the Northern and the Southern
Cultural Communities, and s uch other Philippine l anguages as may be determined by the
Comm ission.

20ur many indigenous languages em body the rich mosaic of other cultures. There a r e
about 87 ethno-Jinguistic groupR that inhabit our country. Conser ving these languages
throug h Ktudies of their varied and rich vocabularies will contribute to a better unders tand-
ing of our hrethen wh o are mP.mhers of oth er cultural groups and bringing t hem into the
mainslre11m of Filipino society.

S.;n;. 10· 13 ART. XIV. -- EDL'CAT ION, SCIF.:!\CE A:'\D T ECIINO !.OG Y. 469
ARTS, CU LTURE Al\ D ~l'OH TR
::\cit-nee ond Tech J;,•l•;;;y

in-aid, or other forms of incentives shall he provided to deserv-
ing science students, researchers, scientists, inventors, tech-
nologists, and specially gifted citizens.

SEC. 12. The State shall reg'Ulate the t ransf~r and promote

the adaptation of technology from aU sources for the national

benefit. It shaH encourage the widest partkipa tion of private

groups, local governme nts, and c.ommunity-hased organiza-

tions in the generation and utilization of s.cienc<' and techno)-

ogy. - '

SEC. 13. The State shall protect and se<""ure- th e exclusive

rights of scientists, inve ntors, artists, and othe r gifted citizens

to their intellectual prope rty and creations, p a rt ic ularly when

b e neficial to the people, for such period as may bt- provided by

law.

Concept of science and technology.

1 U The term i-!r.ience comes from the Lat.i n word scir.>. m.:.-.1n ing "t.o
know" a nd it mea~s o"'rdei·ly knowledge obtained and t ested throu~h ca.rcful
and sys tematiZE!d search and st udy of facts , especially facts fou nd b.v
observing the ways of nature. Science is concerned with the physical \\·orld
and its phcnomE>na. Its aim is to formulate general laws that rule the way.'
of our physical world and confirm such laws through correct thinking and.
if po::.;sihlo, expm·iment.

The term ''pure scienc~" is <\lso used to distin guish it from technology.

(2 ) .Technology, i::; applie d science. It 115 the application of scientific
knowledge to practical purposes in a particular field . It may a1Ro refer to
the met.hod employed to achif.'ve such purpose (e.g., hydroelectric power as
a method for generating en ergy 1. or. in a general sense, t o the totality of the
methods employed in the application of scientific knowle dge or discoveries
to meet our practical, immediate needs.

Science and technology essential for national
development and progress.

Recognizing the central place of science and technology in every mod-
ern society, as essential for national development and progress, particu-
1arly in impr oving the quality of life of the people, the Constitution directs
the State to:

(}) give priority to research and development, invention, innovation,
and their utilization; and to science and technology education, training and
services;'

'Presidential Decree No. 997 \Se pt. 16, 197()} confers civil servi ce ..\igibilities on scien-
tific ~ nd technological specia\i,;ts on the basis of their qualiflcati(JnS a nd t.h~ requir~mentR of
ihe puhlic service. while Presidentia l Decree No. 1003-A !Dec. Hi. 1976, as amen ded by P.D.

'T'F.XTROOK ON THF. Plii!.IPPINB CONSTITUTION Sees. 10-1 :~

1 2) support indigenous, appropri .He and self-reliant scientific and tech-
r-,vlogical capabilities l'lnd their application to the country's productive
systems and national life (Se(:. 10. ·:

(.3l provide scholarships, grant~·:n-aid or other forms of incentives to
deserving science students, scient;;;.c~. researchers, inventors, technolo-
gists and specially-gifted citizens I :3.:-c. 11.);

(4) regulate the transfer and promote the adaptation of technology
from all sources for the national bt>n.:-fit;

(5} encourage the widest partic!pation of private groups, local govern-
ments, and community-hasf!d organtzations in ihe generation and utiliza-
tion of science and technology (Sec. 1:2.1: and

(6) prote<.:t and secure the excb.c:ive rights of scientists, inventors,
artists and other gifted citizens tc their intellectual property and crea-
tions, particularly when beneficial :,_.the people, for such period as may be
provided by law. (Sec. 1~.)

1557.) crr.att1;; thP. ~<ltional A<:adf'my of :::.:·.~:-,t<" ~nd Teehnology (NASTI composed of out-
standing scientists to S~H·ve a;; l'(~:;ervoir ~·f -~ ~?I:'I ent. scientific and technological manpower
for the country. Pre~iclential T>Hc-reP No. '-' :.~ -June 11, 1978j provides for incentives and
administrative reform;; to pr·onwte efflt-ien..-:· .-:~,d product-ivity of ~cientific and ter.hnologieal

research. ExccutivP. Orci"'r Xo. HH9 iMarrh ::·:._ :9831. on the other hand, establishes a system
of national centers nf (!xcf•llr:n<:o! in the IJ11:;:: '~iPn('es to further strengthen and broaden the
national capahilit_v to train sc~iPutifie leader,: .;:;d conduct research in the basic sciences. R.A.

No. 7687 (March 2, 19!H :, c.ttherwi,;e knu\\ r. ;, , : !-:e Science and Technology Scholarsbip Act of
1994. as amended h_v R.A. No. 82413 (Jan. 2-:. ~ 997), institute~; a scholarship program in the

field of science and technnlogy t.n Iinam·..- :\-..e education of poor, talented and deserving
st.udents desiring tn pur~aw ~~ degree or tr,,;~,;ng ire areas of science and technology as are
recognized or pcrmiU.ed by law. The schoi<~~- ;hall come from the top fi'.ib of the high school
graduat-ing cla•~e,; in Hll regic)T)S. H.A. :-.;o. 6~5~ .July 31, 19!-lO) establishes provincial centers
for science and technolog-y in all provinces'~- the Philippines. R.A. No. 8439 CDec. 22, 19971

provide!:> a "Magna Carta for Scientists. Er.,;int·ers, Researchers 1111d Other Service and
Te(:hnology Personnel in the Government" tc· ac-hieve and maintain the necessary reservoir of
talent and manpowc~r thai. will sustain it,;. dri\-~ for tor.al science and technology mastery.

R.A. No. 8496 rFeb. 12. 199H} establishes th.:· Philippine Science High School System. R.A.

No. 9107 (April 14, 2001 l ct·elites a Philippmt: Science Heritage Center under the NAST,

which shall be the main repository of the: cco;;,:-.try's cont1•obutions, achievements and accom-
plishments in the field of sciem:e and technc.l.:.g:.-.

R.A. No. 8792 (,June 14, 2000J, othenq;;e known as t-he "~lectronic Commerce Act,"

provides for the recognition and use of cle.:tronir comnwrcial and non-commercial transac-
tiont<.In the present Information Age. ours i.; becominj:! a horclP-rle.;s world particularly in the
aren11 of commercial trnn!lact.ions where gcogra~hical hanier~ ha,·e become inconsequential.

Businesses arc now hP-ing done through the int(:rnct. hoost.ing the unprecedented growth of
electronic transaction~ or simply "e-commcrce." The information and communications tech-
nologies (]CT) have introduced a new channel through which sales transactions may be

commenced and cnnsummatt<d.
The primary ag(~ncy (:h<~rged with the task of providing "central direction. leadership

and coordination of ;;cientifh: and technological rcsnarch and development" is the Depart·

ment. of Science and Tf.'chnology (DOSTJ est:: blishcd by Executive Order No. 128 (Jan. 30,
1987} as the sur.ct~ssor body of the National Sciesu;e and Technology Authority (NSTAl,
formedy National Science and Dcvelopnwnt Board !~SDB) wh1ch was created under the

Science Act of l!lMl and reorganized hy Executive Ortler No. 784 C:\1arch 17, 1982).

Sec~; . I 0-13 ART. XIV.-- EDUC.AT10N, SCIENCE AND TECHNOLOGY, 471
ARTS, CULTURE AND ~ PORTS
Sci ~n<:~ and Tech n•1log.'·

The Government, through Congress, may provide for incentives, in-
cluding tax deductions, to encourage pt·ivate participation in progre1ms of
basic a nd applied scientific r esearch. (Sec. 11. ·

Promotion of science and technology.

Statistics show that th e budgetary allocatior. of funds for science and
technology in the Philippines is very much smallt-r than in industrialized
countries. The reason is that the Philippines, like- a ny other developing
country. has limited resources to adequately supp(.!"t a ll its development
programs, pressed a s it is by competing prioritie~. E th e Philippines is to
become a newly industrialized country {NIC), it mu:::t ra:ch up with the rest
of the so-called "economic dragons" or "economic tigers" 0f Southeast Asia
by building a solid infrastructure of science and tech:1·: :.) gy. especially of
information and communication technology (!CT) for to i:::. crea~e productiv-
ity and production and to improve the quality of product:: ar.cl services for
local and international markets of industry, technology rr.:.:;; ~ be added to
land, labor, and capital in the economic equation.~

(1) The government has t he r esponsibility to in ve~t more pu blic money
in science and technology educat ion , research and de\'elopment to break
the vicious cycle of economic underdevelopment leading to underde\·eloped
science and technology and vice uersa. It must keep abreast of the late:-t
technological trends and developments in the market today.

(2) It must give due attention to the adaptation aspect in technology
transfer to make it suitable to local needs and conditions. We will not
industrialize simply by opening our country to foreign investments when
the critical thing is for Filipinos to a<.:quire the technology.

(8) At the same time it must adopt safeguards agai nst making the
Philippines a dumping market for unwanted or obsolete western technolo-
gies which not only res ult in waste of scant resources but also debilitate
our people's innate creativity and inventiveness and stunt efforts at build-
ing a domestic technological base. (see Art. XII, Sec. 14, par. 1.)

(4) It is also imperative that there be a conscious effort to encourage
tiCientific pursuits especially by gifted citizens and to attract and retain
Filipino scientists abroad. The government must raise the incentives and
rewards for our scientifically and technologically-trained people.

2In the 19th century dominated by agr icul tu re, the crucial factor for th e economy was
the weat.h er ; in the indu~;tri al a~. it became t he value of capita l goods produced. In t he
present k nowledge-base-d economies lK-economy ), it i!i the amount of kn owledge in ICT t h at
is the critical resourct>. ThP. 2h<t cen t ury i.;; undoubtedly an e-cono my that is driven by the
generation and exploitation of knowledge. ThcrfJ is no alternative way to growth and prosper·
ity t.han to adopt a policy of promt)ting a knowlP.dge-ba.~ed economy t.hrough the use of ICTs
as the main engine for chang«:> in ::;ocial a nd 1\conomic structure!'-.

Once, power meant who owned, commanded nr controlled rea<.>ttrces. Today, the richest
man in the world is Bill Gate~ wh o com mands no national resource11, hut s imply a "knowledge
proce1ls." Knowledge il'! today\; passport. t.o poW<'r anrl we<~lth .

47::! TEXTBOOK ON Tl-H: PH fLIP PIN!': CONSTITUTION Sees. 10-1~1

.5! Better still, in view <Jf the low demand for loca l technology in favor
:· borrowed ones, the government, working in effective collaboration with
:he private sector particularly the academe, must l:!mbark on a long-tt>rm
program to promote the development of a self-reliant .Filipino technology
that will make full use of local material inputs as well as indigenous
capability to break the strangle hold~ of foreign technology in the, country.

(fH As we find ourselves in an information age whore economic growth
is driven by the generation, applicatio n, and exploitation of knowledge, it is
important for Filipinos to be equipped with the knowledge and skills
needed to remain product ive and more competit ive in the global market.
The government must give its full support t o F ilipino scientists, research-
ers, and entreprenuers not only in producing better products and services
for the Filipino commmers but abo in promoting and marketing them
abroad. The knowledge-based economy must foster a climate conduciv<~ to
research and development (R & D · and help stimulate the emergence of
knowledge-based industries.

Science and technology education
and training.

The broadening of scientific and technological k nowledge is one c·f the
primordial aims which educational institutions arc r oquired by the Consti-
tution to pursue. (Sec. 3[2.1. ) Sad to say, one principal reason our nation has
lagged behind in this field is because our educational system has heen so
concentrated on so-called white coll~n· profes~ions and the humanities:~ that
it has neglected the development of scientific knowl edge which would have
accelerated our transformation to the status of what is called a "newly
industrialized country." Th ere is a dearth of Filipino experts in the field of
engineering and other basic sciences. and this proh!P.m can be trBced to ill -
prepared science teachers in bot.h high school and tertiary levels and t he
low standard of many engi neering institution$.

It is the duty of the government to upgrade science and tt>chnology
education and training as part of manpower development program to
produce top-caliber scientis ts needed for the aggressive application and
utilization of modern technologies. The education must Rtart at the el-
ementary level, where young children are to be trained in analyzing prob-
lems and not merely rote learning of science courses.4

'"I'he emphasis on science a nd technologY ir. ou r ~choob. nowt>,·er , must not be at the
expense of hum anities and values cou rses that ·elevat e th e huma n spirit" and "r E>fine human
natu re ." The aim should be to cstahli!'h a balan('e between a li ber al education and th e demands
of acquiring flCientilic and technoloi{iclll skills.

'R.A. No. made a one·time gr>'~ n t. of P375 million for the ~:<l~hool modernization program of
DBCS (DepF:dl. In simple term!', the money was to he nsed in modcrni1.ing high schools hy
providing computers, computer ed1u:ation training for t.e::H:her~ and ha~ic software to begin
Filipino high school students in the road to modcrni7.ntion t.hrough infi)}'mar.ion tet"!mnlogy. m·
computer literacy. Thereafter, a n 11ppropriation of PIOO million each year is made fD~ the
1:vntinuation ()ft.he information nnrl co mmunicatio n technol ogy (lCT. no longe r· !1'l pro~:ram sincE>

Se<:. 14 ART. XI V.- !::DUCATIOi'i, SCIENCE A!\D TEC H::\'OI.OGY, 473
ARTS, CULTURE A~D SP ORTS
Arts and Cuhure

In the fne~! of a rapidly €'x pa nding popul ation, there i~ no doubt that
science and technology hold the key to the solution of the age-old problems
of disea se, p0verty, and unemployment among a great number 0f our
peo pl<~ .md the achievement of our goal of economic self-reliance anci :n dc-
pen dence tArt. II , S ec. 19.) part icularly in the two areas of food prod <1-:-: ion

and energy source exploration a nd development.

Right to inventions, etc., to be secured.

The Constitu tion recognize~ and prot ect s the exclusive rights of scier: -
t ists and inventors to their di:;co\'eries and i nventions. a ut hor s and artisu
and other gifted citizens to their writings, a rts and other intellectua:
property a nd crea tion :: in order that they may enjoy whatever pecuniary
benefits and reputation th~y m ay gain from works of their creation particu-
larly when bent>ficial to t he people.5 It direct s that this right to exclusive-
ness be ~'H~cured but only for such period as may be provided by law.6 (Sec.
13.) The rca::<on behind the limitation would seem to be the policy against
any form of long standing monopoly.'

To encourage and promote lhe development of the talents of our people,
the Constitution also directs the State to provide scholarships, grants-in-aid,
or other form:. of incentives to deserving students, researchers;·scientists,
inventors, technologis ts, 11nd specially gifted citizens.8 (Sec. 11 .) Furthermore,
Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and appHed research . (Ibid.)

"4\RTS AND CULTURE

J' ,'

/'

TheSEC. 14. State shall foster the preservation, enrichme nt,

and dynamic evolution of a Filipino national culture based on

the principle of unity in diversity in a climate offree artistic and

intellectual e xpress ion.

the reviged program invnlvt-s not only Infor mation technolog}' hnt likewise commu nication

tct:hno logy. T his will provide Filipino high ;;cbool st uden ts access not only to the use of compu t-

er!\ for their wor k in science but also fvr worldwide communicat ion through the provision of

electronic mail (e-mail) and Internet (access to data bases everywhere, incl uding software and

other learning materials) through these computers.
1'Sec R. A. No. :3850 (April l3, 1964, as amended by Pres. Decree No. 1423.), otherwise known

as the "Philippine Tn,·entors Incentive Act," creates th'! Philippine lnventors Commission. R. A.
No. 829:1 (June £5. 1997! is the Intellectual Property Code. It is the special law governing
copyright !Hld pawnt as W!!\1 as trade marks and tradenam es.

6 Under the 19:!5 Constitution, the constitutional right to exclusiveness was extended only to
a uthors and inventors. Th~ J973 Con stitution included artists. The scientist and artist h ave as
much right to protection as the a uthor and inventor.

~v.G. Sinco, op. cit., p. 482.
8Proclamation No. 199 (Oct. 19 , 19991 declares the last week of ~ovember of every year

the "Week for t h e Gifted an d the Ta lented" in recognition of the gifted and talented children's

potential to help in na tion building.

474 TEXTROOK ON TiiE PHILIPPINE CONSTITUTION Sec. 14

rts and culture.

4+'f0i.I..I~,Lj;l~.ti.o-n..o.h. fa.sskbilel_e n defined as the hranch of learning which involves the
and tat;te to pre,duc t ion acwrding to aesthetic pri nci-

pies; t.he .cons.cio~ ..usc. of s.kil.l ,ta;;.t~ and cr.e.ati~ imagination in the

practical definit ion 0 1· production vf beauty. The term may a ls o r efer to t h e

product r~sulting from such use or a pplication. l

Arts are created for 1heir own ~ake, to give pleasure-- to the artist, the
pleasure (Jf creation , and to thos+~ with a sense of beauty, the pleasure of

a pz ation.

·@,Czdtu.~ in it.'l gener al sense . r~::fers to a ll those things which go to t he
_ [email protected] .if.£.'!.~.1.2Pi~!t?.(~~~.:~ diH·t~..:e_~~-~l~~~-~d physical endowmen~.2 It

encompasses all the w.~.Y.S__9t:.lh'ing... of a group of people such as customs,
traditions, be1i£!fS, v~·lues, a rtistic expressions (arts), and language, evolving
over a period of time usually setting them apart as distinct and identifiable
from the other groups.

Wh en u~ed with reference to a person, it suggests refi nement in man -
ners, taste or thought, or acquaint ance with or taste in the a r ts.

Importance of culture.

Cl-1 The culture of a people is the thing that makes them distinct and
different from all other people.~

(2 ) The truth is tha t, although it may not be re adily a pparent, C'Jlture
not only makes life in society a pl f'a~urable experience.

(3) It also, through a n appeal to a common heritage or a stressing of
national identity, generat.l~f-l a strong(·r sense of unity among the people, a
condition sine qua non for the stability, growth and progress of a nation.

{4) There is a n evident correlation between the achievements of a
country in thf.l fiel d of le arning and the ar ts and its achievements in the
political, economic, and social spheres. Wh en thl:! culture of a society is
highly developed or advanced, invariably t hat society is highly progressive
and prosperous. 'fhe explanation pr obably is that a ppreciation of a rts
inspires people and broadens their outlook on life which is given deeper
' meaning, making them more productive and better equipped to deal with
the problems of human existence and nationa l development.

({)) Today, with so much tension and conflict in the world , we need the

arts and artists to give form and expression to man's highest and most

enduring values. ·

! Wllh:>tc r 's Third New Int. Dir.tionilry, p. 122.
~vat.i can Council, II, p. 958.

31fhPre are as m<lny cult.urcl! >1:> t h E'rE' a re nations on earth. But cu ltu res ma y be similar
or the ~arne. The Philippint>s is a di versi fi ~d country compo!:od of about 87 cthno groups
speaking diO"erent languages. with differ Pnt cuisine and eatin~ hahi~s. manners of dressing,
and other practice!;.

Sec. 14 ART . XI V. - E DUCATION, SCIENCE A.'.\D TE CHNOLOGY. 4 75
ARTS, CULTURE A..'\ D SPORTS
Arts and Culture

(6) Art exerts a very strong civilizing infl uence in society. It educates,
m ak es ma n more sensitive, more perceptive. more understanding and more
consciou s of his function in th e scheme of !hings. The more civilized a
society is, the more harmony a nd unity prevail, a nd the more it will
continue to prosper.

(7) And it is quite true, that t he cultural and a rtistic achievements of a
people ar e often the bas is through which they gain respect and recognition of
other nations.

Promotion of culture.

Nation-building is n ot only confined to the acq'..lisition or production of
material things. Equally importa nt in the oYerall objective of society is the
promotion of desirabJe cult ural values, the inculcation a mong its citizens of
a n ap pr eciation for the finer things in life, such a s mu sic, literature, and
t he arts. 4 Development in a ll aspects -political, economic, social, educa-
tiona l. and cultural- must be the goal of the nation.

The Cons t itut ion :;ee:; the need for preserving a nd de,·eloping a more
conscious national idemit~· through knowledge an d appreciation of our
native culture . For t he a ua:?C:1:€-:1t of thi;,: end. it directs t he Stat e to:

/

,.tf) foster the preservaticn. t-;..;: .:-~.:-:-.~~;: and dynamic evolutior; .-.f a

:t-F ilipino national culture based on !he ;:;:-:::-.~:;:- ·~:· ·.;:"li ty in di \· e!"~i::: ;:: a

clima te of free, artistic and intellectual exr:--e-5-:3:: ::-.' =: :-: : ~

(2) ·support arts and letters (literary works , wh;c!:: 5:-..a.:: .:-::.:::: ::~ ~a­

t ro n a ge;

(3) conserve, promote, and popularize the nation's historical and cu l-
tur al heritage and r esources as well as artist ic creations (Sec. 15.J;

(4) protect th e country's artistic an~ historic wealth and r egulate its
disposition (Sec. 16.);

(5) r ecognize, respect and pr otect the rights of indigenous cultural
comm unities to preserve a nd develop their cultures, traditions, and insti~
tutions (Sec. 17.);

{6) insure equal access to cultural opportunities thr ough the educa-
tional system, public or private cultural entities, scholarships, grants and

•Proclamation No. J148 decla r es J uly 1-7 of every year as Nat ional Cu lt u r e Conscious·
ness Wu k . Begun in 1991 t hrough Proclamation No. 683, the National Arts Month (NAM)
celebr ates Philippine creative imagination every year in February. NAM activities a re
spearheaded by the National Commi~sion for Culture and the Arts (NCCA) which is the
country's p remier government institution for arts and culture.

3The Department of Educa tion, Culture and Sports (DECS) become officially known as

the Department of Education <DepEd} as of August 10, 2001. (R.A. No. 9155.) Culture is
taught as a subject which includes einging and dancing, poetry, reading, literature and other
topics related to cultural events, known also as humanities. The cultural aspect is now fully
h andled by the National Commission for Culture and Arts (NCCA).

TEXTHOU I< ON T HE Fli l liP PlNE CO!\STlTI:l'lON Sec. 14

.-:~....r incentives , a n d communit.v cultural centm·~. and other public venues
~-c-c. 18[1 ]. 1; and

171 encourage a nil support n'~.-:;rches and st udies on the arts and
cultu r(·. (Si:'c. 181.2J ,

Preservation, enrichment, and dynamic evolution
of a Filipino national culture.

(.1 '1 Filipino nationrrl wlt.w·c. - Uur national cultu re, or th e Filipino
n::tlional eult.ure, encompa:-ses all :.-,,... w<-1ys by which t he Filipinos have
expre:'!'Pd and con t inue t.o C.'Xprt•i';; t!.<·;r idPas and sentiments, their value~
and a.spmlLion::; in r Pf;p onse to th• L' .nditions of Philippine society at any

given period of time. As :>uc.h, our :tL:..; ure includes the following:

l a' the literary art.s fpoetr:.. :iction, t~SHay a nd d1·amal;

cb, the performing arts t tht.-.-.rt:r. music a nd dance);

t<:: the vis ual arts (paint i ng . sculpture, architecture, and graphic
arts J; and

l d l film nnd t.hc broa<kao:t m.·clia l in their creative aspect)."

<2) Variou:; cultun:."- t'ou. nd in &t:r ,·(luntl)'· - The re are v arious cult u res
that have evc•lved in our coJJntry.-

(a ) Ethnic. ·- Before the con·;ing of the Spaniardr:;, the ethnic groups
in the country had evol ved a cuit me of their own. The ir oral literature
(like epics, riddlf':s, provnrhf', :nnh:', legends a nd fa bles), visua) arts
(pottt•ry, jewelry, co::-:t.u rne.s, .sc:ulptun>s of wood and s tone, and houses),
and performing a rt.s (dllnl!l~tl a nd mu~ic) re fl ected the lives of the peo-
ph!, an d served to embody the identity and unity or th e tribe.

(b ) Hi:;pnniz(~d. - Under Spain, t h e arts depicted Eur opean subject
matter. Culture wa!:l harnessed for colonial en d s. The churches served
as the unofficial cultural centers of the subj ugated ((indios." Literary
works like the prr.~.;_yon, awit., and korido and dramatic forms like the
senakulos, panu.!uyanr; and salubong~-:- all of which created a mental-
ity that underscored t he "superiority" of the S pan ish race, religion, and
culture and blind obedience to Spanish law and religious autho1'ities,
were encouraged.

(cl Filipinized . · -· In n~~1cti on to Spanish op pre~sion, Filipinos launched
a movem ent towards Filipinizatit1n a t the turn of the century. Rejected by

~ 1 9156 Ul'L Constit ution f'rojl;!ct . G~ne ra l Provis ion;;, p . 21.
:social transformation in dc.lVdoping :md t hird world countries was n ot a continuous
devr:lopmt!nt of an indigr-nou;; culture, but a n acculturation procl'SS from more developed
nr.tion.~ . Th e Philippine n ati o n ~,] a11them. for example, was written by a Filipino in Spanish
during American times and lin<I. !!ang in Tagalog during th e J apane$e occupation. Its musical
co m position carries marginaloot.e~; frl)m the Spanish Royal March and ends the way France's
[,a Ma r~<ei/laise begins. All n at.ion1.<. however. have twn h.>vel:; of cult ure: the indigenous and
t.ho na t.iunstl. Tagalog i~> pnrt. of our indig-cnou" cultu.rf>: S panish and English, parts of our
nnt iuna l <:ul tun.

AHT. XiV.- l·:lH:CATim{. t5Cit:~;n~ AND TEC-H.NO!.fH;'t.
Atn~. ClTl'tHI:: A:-.;[) ~f.''IHT;-;
A•·L" :-md Cnh,:ro.:

the Spani~h elite whi(:h <.:on1-'idt~red them inferior in spit-:~ of tile:!r wealth
and education, illustrados like Ri~.n i and Uel Pilar wrotP. e~;l;Ry:'.. poems
and novels which expo:"f'd :Spanish ablU'('~'· TlH~ (:tuph<lSit; ou t.hc Fi.!!pin<J
culture served to awaken national t:()Jl::;riousne~s and nn.itc the regiuP:; in
the revolt against Spain. On Uw other iwnd. to strengthen rt>\olnti1maty
consciousness, writers like Bonifacio, Jacinto and Mabini, and anonymou;;
folk singers created poems and e~says. kufldiman..:; and manhas that gave
the Katipuneros a sense ofbeing Filipino:; and strengtlwm~d t.ht>ir commit-
ment to achieve eventual victory.

(d) Americanized. - In the American peri,>d, the ln8ular Govern-
ment censored ~seditious" plays and encouraged the proliferation of
harmless "customs" and "domestic" sit.uations in literature and visual
arts and of We~tern-inspired arts and media. With the coming of the
electronic media before and after World War Il. Filipinos developed
American consumer tastes and necessarily ad-opt~d the American point
of \'iew in political and economic issu1~l::. Magazines. hooks, movie
theaters. radio:- and teleYision sets be<~med out of Amerir:~n P"P cul-
ture, and its matE-rialistic. individualistic. capitali~tt<.: ~nd ::('.xi~t Yal-
ues to Filipino audit-nce:.'-.

(3) Principle of unity in dil·en;itv.·• ·- The Filipino national culture
must be based on the principle of unit:v !n divE:~rsity in the sense that it
shall take into account the peculiar cha r:~ctcri::tic.:; {If the variom~ cultures
found in our country. It need not result in the d1~:~th of any culture. TheRe
cultures must be oriented towards and work for thP ~odal, Pennomic and
political welfare of the Filipino people as a whole. The new Filipino na-
tional culture must reflect their value::;, sentiments and aspiration:' und
promote national identity and unity.;' It must he evnJved out of uur own
experiences as a people and the lesson!'! of hiRtory.

(4) Climate of free (lf'ti:;tir· and inlellectuale"Cpr•!.<.:.:<in;• .._ ln the r~cent
past, the arts were effedivt>l_v harrH.'SSt>d to further 1}w ~·~~d,-: of an <~uthori­
tarian regime. Under tht• gui:•e nf eombHttin~ :1ll f,,rm...: of ~rnt?ntal pollu-
tion" (l'.g., stories of corruptinll. \'iPkJtl't'. 1.•1(· • in t.he maHs media, the
government suc<.:eeded in weak'::'ning and d(· 'trnying criticism~' against it in
the arts, media and education throu~h tlu: dire<.:t censor::;hip of media, the
establishment and propagation of art. media and education that support
the existing establishment, and the hara::;sment of militant journa1ist!5.
artists and educators. Vigual arts and m:-1:-;t• merlia wen• use-d 1.11 glamorize

"The Philippine~ i.~ a ..:nuntry where there r1re mon: than JO(} lingui;;;tic. eultural and
racial groups. (see NoH• 2 to Sc·c. >-i.' Each of thc;-;c gt'<•upH lw:> it,; nwn tnuiilit.HJ.•, experience;;,
and identities. Cultural di\'•'r~!t~ is not and ,;hould not bt- :i h<JTTitot' tiJ dialog-t:f' and dl!velop·
mcnt. Diffcrcnccs in rare. h£'lid's, and practi.:.~f; an• but mm1ift'~tat.iuu" of the c:o!lccli\'c·
strength of a people, which. if harnes,;cd po!=:itivcl\·. could b1-melil thf.~ nation a;; a whol~. Like
strands of different musical nott:s, they could be~ c.>rg<I'Oi7.tod into one !:'ong Ut<tl. l'oulcl be
harmonious and pleasing.

9 1986 UPL Constitution Pro,icct, General Prm·i;;ion~, pp. 2-!"l.

TEXTBOOK ON THE PHILJPPI~E CONSTITUTION Sees. 15-16

t::oe first couple of the land and to give a ~beautiful" picture ofthe country to
::1de the "ugly" realities from the people's minds. 10

The Filipino national culture must evolve under "a climate of free
artistic and intellectual expression:· to insure the creation of a culture that
will help the Filipino be aware of his rich heritage and lead to a justifiable
pride in his being a Filipino - a true> and distinctive Filipino culture that
makes us uniquely Filipino.

SEC. 15. Arts and letters shall enjoy the patronage of the
State. The State shall conserve, promote, and popularize the
nation's historical and cultural heritage and resources, as well
as artistic creations.

SEC. 16.All the country's artistic and historic wealth consti-
tutes the cultural treasure of the nation and shall be under the
protection of the State which may regulate its disposition.

Cultural treasures of the nation.

Arts and letters shall enjoy the> patronage of the State (Sec. 15.) to
foster the artistic and literary talents of the people. The State complies
with this constitutional mandate by undertaking projects to develop native
talents and by aiding or giving recognition or awards1 to persons who have
shown ability in the field. The State shall conserve, promote and popular-
ize the nation's historical and cultural heritage and resources as well as
artistic creations to preserve them for future generations of Filipinos, for
all the country's artistic and historical wealth constitutes the cultural
treasure of the Filipinos as a people and as a nation. (Sec. 16.)

A national cultural treasure is defined by law as "a unique object found
locally, possessing outstanding historical, cultural, artistic and/or scien-
tific value which is highly significant and important to this country and
nation." The term includes all cultural properties such as old buildings,
monuments, shrines, documents, manuscripts, and objects which may be
classified as antiques, relics, or artifacts, landmarks, anthropological and
historical sites, o1· in part. Cultural properties that are not sufficiently
outstanding to merit the classification of "national cultural treasures" are
called "important cultural properties."2

~0See Ibid., pp. 22-23.

1Presidential Decree No. 208 (June 7, 1973) g1·ants certain privileges and honors to
national artists and creates a spflc;ial fund for the purpose.

2Presidenbal Decree No. 374 (Jan. 10, 1974), Section 3\a, b, c). R.A. No. 8492 (Feb. 12, 1998)
establishes a National Mu!\eum System and provides fm· its permanent home. The primary
mission of the Nations\ Museum is to acquire, document, preserve, exhibit, and foster scholarly
study and appreciation of works of art specimens and cultural and historical artifacts. The
National Library (R.A. No. 3873, June 18, 1964) is the repository of the printed and recorded

Sees. 17·18 ART. XlV. -·EDUCATION, SCIJ:::-\CE AND TECHNOLOGY. 479
ARTS. CULTURE A;-;n SPORT:-)
Art,; ~nd ('ult.ur<·

Innumerable sites all oYer the country have been excavated for cultural
relics representing pricele:>$ cultural tn'asures that properly belong to the
Filipino people as their heri t.age. 'rlw~e tt·easures have pacsed on to private
hands and some have been sold or txporled ahroad. The State is mandated
to protect the cultural treasures of the nation and regulate their dispo;.;i-
tion. (ibid.) It has the obligation to presen (• them as properties of the
nation, safeguard their intrinsic value, and prevent their destruction or
improper disposition. As part of cultural conservation, it should take steps
to recover, at least in facsimile form, irreplaceable records containing
"tremendous treasures of information about the Philippine past" stashed
in the archives of Spain and other countries which are invaluable·in the
study and reconstruction of Philippine history.

The cultural treasures of the nation form part of our national patri·
mony. (see Art. XII, Sees. 1, 2[par. 2), lO[par. 2].)

SEC. 17. The State shall recognize, respect, and protect the
rights of indigenous cultural communities to preserve and de-
velop their cultures, traditions, and institutions. It shall con·
sider these rights in the fonnulation of national plans and
policies.

Rights of indigenous cultural communities.

In the development of a Filipino national culture. the Statt> must
respect all the cultural forms which have bf>en e\·nl..-~d by the people
through the centurie~. It must be ';democratic'· in the ,;en~e that it repre-
sents the cultures. of all tlw people. Thu~. under Section 17, the rights of
, indigenous cultural communi tie::: to pre:->t~n ~· and den~·lop their cultures,
traditions and institutioll5 must be recf:•gnizr·d. r6pected and protectf!d by
the State. Furthermore, the~e right:; mu;ot bt: considered in the formulation
of national plans and policie::; including tho5t on culture. (see Art. II. Sec.
22.)

SEC. 18. (l) The State shall ensure equal access to cultural
opportunitie~ through the educational system, public or pri\'ate
culturalentities, scholarships, grants and other incentives, and
community cultural centers, and other public venuP.s.

(2) The State shall encourage and support n~sf'arches and
studies on the ads and culture.

cultural heritage of the cuum;·,·. and •)tn.:r !!~td!.:·c•.:.~::.!. :t:,;.~ar:-· and information sources. It
provides facilities and resource.;. nattonal bJoho!<!J'ap".:..: ~~:-.,ce;. and a system of public libraries
and information centers throughout the country

41'!0 TEXTBOOK ON THE PH ILI PPIZ\E CONSTITUTION Sec . 19

Equal access to cultural opportunities.

One of the aims of the constitutional policy to prom~Jtc social justice is
tv ~remove cultural ineq uities." (Art. XIII, Sec. 1, par. 1.)

In line with this policy, Section 18 orders the State to ensure equal
a ccess to cultural opportunities to which all a re en!.itled through the
various means or ways mentioned - educational, financial and other
incentives, and venues ..:rhe State i;; also r equired to support researches
and studies on arts and cultu!"e and the po pularization of our historical and
cultur al h eritage and r esources as well as artistic cr eations. (Sec. 15. )

'rhe fulfillment by th e State of thi~ duty will r a ise t he level of culture of
t he people, develop their artistic creativity, enhance their appreciation of
dis tinctive Philippine arts, awaken their consciousness t o our cultural
h eritage, and encourage them t o assist in their prcgcrvation and develop-
ment.

~The State ~ physical education and

e ncOurage sports programs, league competition s, and amateur
sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the develop-
ment of a healthy and a lert citizenry.

(2) All educational institutions shall unde rtake t•egular
sports activities throughout the country in cooperation with
athletic clubs and other sectors.

~-
/ ".-

Concept of. ~potts.

m sports is a general term applied to both indoor and outdour
ga ys 01 contests r equiring individual phys jcal prowess or mental
sk 11 or bot h, usually competitive in nature, and providing a pleasant
source of diversion, amusement, or pastime.1

Promotion of sports.

( 1) Correlation between a country'..-; progress and its .·wpremac;y in sport.<;.
- In all advanced countries, the promotion of sports is give n high priority
for the development of a robust citizen ry. Inde ed, there exists a clos~
correlation between a country's progress and its supremacy in sport~.
Participation in spor ts not only gives healthful r elaxation of th e body but
also teaches one to keep an alert and clear mind during games. lt cultivates

'The saying that «height is might" is only true in sports like hni'kdhall. In most othe r
aports, winning calls, more than height, for strength, ~peed, skill ond s tamina. The detllrm i·
nation to win is often t.imcs crucial to victory.

Sec 19 AH.T. XlV, -·- EDCC'ATW;-;, SCIENCE AND TECH};OLOGY, 481
ART.S, Cl!LTUHE Al\D SPORTS

Sport.<;

1n the player the v1rtues of sportsmanship, 'liscipline, honesty, fair play,
patience, templ:'rance and winning by the rules. lt thus becomes a prepara-
tion for good citizenship, and if ueed be, for ~elf1essness and heroism in our
country's cause.

(2) Oblil{ation of' the Suite. --- Recognizing the importance of sports in
our national life, the Con::;~itution under the above provision imposes upon
the Stnte the obligalion tu:

(a) promote phy:::iccd education; and

(h~ encourage ,;;pons programs, league competitions and amateur
sports including tra!r~in~ for international competitions, to foster st:lf-
discipline. teamwcrk z~nd excellence for the Jevelopment of a healthy
and alert citizer.ry.-

(3) lnf(>gra! pnr~ · -· ·:C'.::')!i·building.- The constitutional commitment
to encourage ,.:p(•rt~ ~-: ~~dude training for international competitions ac-
knowledge:;; the fa·~::!;.,,::~~ Philippines, once- a winner of many champion-
ship~ in international ::'!J•)!'t;;. has become a mediocre competitor.3 To fur-
ther foi'ter athletic cor.,.:c:·•u:::ness among the pt•oplc, all educational insti-
tutions are required to c;nciHlake regular sports activities throughout tlw
country in cooperation witl, athletic clubs and other sectors. One of the
purposes here is to di:"con'r the natural-born superior athletes who may be
trained fin· international .:•:·mpetitions, particularly the Olympics.

Promoting sports and physical fitnesG should he an integral part of the
educational program and tht' effort~ toward nation-building.

-oOo-

' 1RA. No. 6847 l.fao. 21. 1990) create!> and t>stablishcs the Philippine Spur't" C'ommissioJJ
(PSC1, and defines its powers, functi-on!; and responsibilities The PSC is-the lead agency that
fnrmulat~;; pulicics <Hill ~et» lht> priorities and directions of all national amateur sports

prowotion and tk\'('lopruent of Filipino athletes through their partir.:ipalion in local and
foreign compf,titition;;. ~::xer.:utive Ord~r No. 63 (March 1, 1993) Cn)atf!:s the National, Re-
gional, ProvinciaL Cit_v, \lunieipal, and Barangay Physical Fitness and Sports Development

Councils. r PfSfJC '· RA. No. 8757 <Nov. 2ii, 1999) c:;tabliJ>hes the Philippine Sports Hall of
Fame tu ensh~i!le th" Filivino athletes, coachc;;; and trainers who have distinguished them-
selves in their particular lidd of sports.

''[n the 1950s and 19(;1):;, the Philippines wa~ a dominant !.<pol·ts country. It all began in
!91i4 when the Philippine National team won third place in the World Basketball Champion-
i'hip in Hio de Janeiro in BraziL Filipino b,.,;kethall plu_ver;; were perennial champions in the
Asi1.n Garnes lllHJ the Basketball Championship Series in the 1960s before the decline set in.

~cleXV

~FAMILY

{/

SECTION 1. The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen its

--solidarity and actively promote its total development.

Concept of family.

In a broad shamily is a woup of persons united together by ties of
marriage a bloo ~n a very restricted sense, it is applied to the group
formed by the spouses and their children .1

Importance of the family to the State.

(1) A. QQ$.if...$.0.2.iC!:Z. ~~stitution. -- Although the individual is obviously
the primary cell in the 'l)(idy..polltic. as he is in a ll other human organiza-

tions, it is the family which provides the basic social unit <lf the State. The
family is the very heart of society, men's system of living together in this
world. It is the foundation of the nation which is but a conglomeration of
families bound not only by affinity and consanguinity and common inter-
ests but also by a common past a nd shared vision of the future. It comes
into being in response to human needs and inclinations that are deeply
rooted in the nature of men.

Leo XIII defined the status of a family as that of a society "limited,
indeed, in numbers, but no less a true society, anterior to every kind of
State or nation, invested with right!> and duties of its own, totally inde-
pendent of the civil community."2 As a basic unit of society, the family
ought to be the origin of change or reform in society.

(2) The .camm.J.~,ni.ty's.f~rst .socializmg agenc::_. ·-- The family js, in fact,
the community's first socializing agency and the sp_~.!:..C.&.9..f its strength and
.s~.~.~Hity. It is in the family that the child learns obedience, cooperation,
and respect for the 1·ights of others; and it. is here al~o that the parents and

1Arturo M. Tolentino, Civil Code of t he Philippin~.>s, 1983. Vol. 1, p. 57:'\. ln Filipino
culture and tradition, the family usually includes tho elderly folk - the lolos aud lolas. This
is most evident in rural areas where two or three generations ofte11 share the same extended
family home.

2Rerum Noua1·um.

482

SAC. 1 AR1'. .X\·.- THE FA:\11LY

other family elders have co n:: t a nt occa~ions to rise aboVl! selfi ~ ! l !l ess in
r esponding t o the needti of their children.3

The spirit ·or service, 1')\"E-. mutual support a nd understa nding and

other noble virtues and valut:3 being inculcated, nurtured and honored in
practice in the home or the family, make it the most effective training
ground for good citizens hi p.

(3) An iTlsti.tution of umqu~. s.oci.al value. - The unique value of an
institution of this kind to political society is so immediately evident that
one of the first dutie::; of the State should be to protect and strengther,
family life.4 As a social in ~titution, fa milies, in fact, shape the future of
humanity for through t he family pa::;s es a ll fut ure genera tions . (}a_the
families rest the very :-:un >. .;,.l of every nation as a just, humane and
progressive society.

The Filipino family, the foundation
of the nation.

(l).Duty <Jf the Sru ~t: . - :3.:-ction 1 gives con:-:;titutioual recognition to
the ·Filipino fam ily' as t !-t~ roundation of the nation . Accordingly, the State
is mandated to "trt-n~:t!:~n its ::.olidarity and active ly promote its total
development. In anot hE-r p:-oYis ion. it is declared a State pol icy to recognize
the sanctity of fami iy ~it~ a nd to protect. and strengthen lhe fa mily as a
basic autonomous socia: i n:::titution. (see Art. II, Sec. 12.)

(2) Total de velopme .·cr Dl the fam ily. -- As used in Section 1, it means

full physical, mental, and moral development of the fami ly. While this task
primarily devolves on the fa mi ly itself, pa rticularly the parents . t.he State
has the obligation to actiYely promote it, not only for the falllily's sake but
also for the State's sake. There i.s much truth in the observation that the
numerous social and econom ic problems that confront us today, including
that of graft and corruption. can trace their root::; in the weakening of the
family a s a basic social i n s ti t u~ i on.

(3 J Best way to achieve g ood of society. - 1n the final analysis, the good
of society is best achieved through the good of its nucleus - the family.
Indeed, the fam ily's situation invari ably dett!rmi nes the !>tate of a nation .
If this vital ce ll of society is fragmented or weakene d, the nation gets di-
vided and weakened, too. If the fami lies are united a nd s trong, ISO is the
nation. So if ·,,·e want a united a nd ::;trong Philippin es, we must strengthen
and build u p the Filipino home by keeping it united and strong as it has
traditionally been..;

~sec Schma ndt a n d S:.o>inbick!!r , op. cit ., pp. 183· 184.
'Ibid.
''Presidentia l Proclamatirm No. GZ iScpt. 8, 1992 i dcclare.s the lasi weHI< of Beptemher of
e very year as l<'nmil:v and Part- nt ,; Week, whilt~ Pre!;idcntial l'roclamalinn N u. 5 ~ !Dec. 11 ,
1998) declares th e first :\lond<IY of D.,c.:etnbcr a.'l F« nlily Day t ll" .ft1thcr's and JV\ fJ thcr's Day.
6There are some 85 mill ion Fii ipinos t oday. At the avt'r agt! of live l51 members pe r
family, this mean s tha t s ome 17 mi!lit•n fa m iliC!!$ compri..c: lhe F ilipino na t ion.

TEXTI300K ()\' THE I'HILIPJ>INE CONSTITUTION ~ec . 2

Sphere of law on family.

In prot eet.i ng the fa mil.v, the State ='ha lt r espect it a!:' an a u{; nomou l:
~ocial inst.itut.ion in view of the dan E<ers of Slate control of the family as
justified in a totalita r ia n society . There are two aspects in f<lmily relations,
one internal and an ot.h cr external.

( 1J In the i nlecrw.lu.<:ped , t h<! fa ~: i !y is comm only known to be sac re~d

and inaccessible even to law. Thu!:'. th<: law ca n not and sh ould not rcgulatL"

such ma.tters .as the sexual relations of the spouses or ·r.hc ·right of <.>ach
spouse to open corre~pondence of the other, or the· c}treer or profes~ion tha t

parents should choose for their children. or. the practices or cus toms in t he

domestic life of the fa mily..The S t ate recognizes the sa nctity of family hfe.

(Art. II, Sec. 12. ) ·

(2) It is only in the (lxternal aspect when third persons a nd the public
interest are concerned that the law fixes rules regulating family relations.
Thus, the law steps in t o protect th~ghts of the children and wife from
abuses of t he father a nd husband, t Q determine the relat ions of membe r s of
the fam ily in matters where society has an interest. such as support,
parental a uthority, and the like, and to regulate the right and liability with
regpect to th(~ acts of t he wife an d children.'

SEC. 2. Marriage, as an in\;olable social institution, is th('
foundation of the family and ~hall be protected by the State.

Concept of marriage.

Th~: ter m _nwr_r._ia.f1.e ha" tv,:o di:;tinct m eanings. l t may refer t o the
cen~mony or act by which a nH: ; and woman become hw;;ba nd and wife or to
the state ofb(~ing m arried. Tl ..:.·, ma rriage. is both a contract ;-md a Htatus,
the latter· being a res ult of th~ for me r .

Marriage, an. inviolable social institution.

.(for Ma.rr~age is a status oorhrleilgaattiioonnsofwohinte~hm a n and woman, legally united
rig:hts a nd a re governed by law and not
life , w:it.h.

subject to private ag1·eement betwee n the parties. l,!! this Hspcct , ma rriage

' is an inviolab!t> sociHl instit ution in the maintenance of which the pu bli c i!'

\ deeply int(~rested, fo r it is the fou ndation of th e fumily and ~wdety, without

which there could be nf)ither civil i?.ation nor progress. 1Good m arriageH a nd

good families hring a bout a strong nation. H m11.:e, the const i tutional policy

'Artnro ~1. Tohmtin•J. op. <. it., IIU/Jrrl .. pp . 517·'>1H. R..A. No. 8~~69 (Oct. :l8.. 1997\ <:.~t~•b·
li!>hes lhllfnly Courl.s vn\nting lhem \)XCiu;;in• original jurisdiction o\·er child and fam ily
cases.

' Ram irt!z vs. Gm1•r . 42 Phil. H55; P t:rido vs. Per ido, 63 l::lCRA !17, Ma n ·h l:l, 1975.

AH T. XV. -- THE FA.:'-11LY

that, the Filipmo family a nd maniage ~hall be ~trengthened and ~ r~J tected.
by the Stat<:> .

Jm:identa!ly, there i ~ nPLhing in Secti<Jn ~that. will pn~clude Congrc~ s
from .legaliziPg divore(• . H <)\vever, thf;! lJTO\ ision doelS not contemplat~· lih-
eral divot·ce laws ~uch a,; tho::;e found in more progre~sive countries. Sueb
l aws cannot be claimed a::; mP.asures protectin> of marriage as an inviolable
soci al institu tion nor conducive to the strengthening of fa mily life.

SEC. 3. The State shall defend:

( 1) The right of spouses to found a family in accordanee with
their religious con,;ctions and the demands of responsible
parenthood;

. ~2) The right of children to assistance, including proper
care and nutrition, a nd special protection from all forms of
neglectt abuse, cruelty, exploitation, and other conditions

prejudicial to their d e,·elopment;

(Sf ~The right of the family to a family living wRge and

income; and

. (4) The right offamilies or family associations to participate

in the planning and implementation of policieA and programs

that affect them.

okv~~D~ ~~~·~ to defend family rights.

_..... The Stall~ has the duty to defend the re~p~ctivc right s of ~pouses, of

ch ildn1n , of th(~ family , and of families or family a~sociations s tatecl in
S(!ctlon ~1. The purpose is to strengthen the family as t he foundation of t.ht•

nation and to_protect t.he marriage institution a s th t! foundation of t h':'

f a m i l v ., .., · __ , / -·

.; -"

~l'f Right.;;.{ spousa. - Subsecti on (1) prohibi ts State's interf'erenvf7' ::·.

t he indt-:peudence of married couples to determin H the s ize of th~·1r '·.•. :·.

fa mily <'!(:cording to their own religious ronvicbons and the demand,. ..
res ponsible parenthood. ~e~.P..q,I,l,Sil:>le. paren~~.~l m eans that parent:: "1-. ·..:.'::
h nv(: a strong sense of re::;ponsibility in planning for children . Th·. . ~ ·- ·..:::

not have mo.re children th r-m they could df!CenLly support ;;r_ -:: ·::. :. ::~

P are nt1> have t:hc rc spon~ibility not only to provide for t h e rna :·:· -.~ : :-.~--~.:!=

and education of th ei r ' children , but also for th eir mont! a nd spir itual

guidan ce sg_.that they can grow as morally upri ght and God-fearing citizens

equippes;Yfor t he challenges of life in society.

_p{Rif{ht of' children. -- Subsection 12 ) take,;; cognizance of statistics
dl!piertng ch1ldren in dir€ need of protection. There are parents who, out of
d+!speration. because of poverty, have made their offsprings victims of child
la bor and even prostitution. The Constitution seeks to pnt a stop to all
fot·ms of neglect, abuse, cruelty, exploitation, and other conditions prejudi-

TgXTBOOK ON THE PHIUPPl:\E CONSTITUTION Sec. a

c!al to their dev»lopmcnt.1 Children !Hf- more vulnerable than adults and,
t~erefore,....reqL;ire greate~·
special or - cdre and attention.2
../.,/'

§61" Right af f.am.iJ:r.-- Subsection :3 • considers families whose income
hatdly. p~ovidcs for their barest dail~· nE-eds. A family is entitled at least to

have a home that is decent and sanicr;!y and to sufficient wholesome food,

adeq•.1ate clothing and medical care. It ~hould have the financial capacity

to educate children at least up to higr. ;:chool and to save for emergencies.

One of the most direct way~ of prom,:,:~ng the family's welfare is to ensure

that all the chi),d-ren are providt~d Wl~n the opportunity of getting lifelong

education.. ·"'

(4)/l{ight offamilies or_[Qmil:y_a,··."~.·ciati;!>_ns.- Subsection (4) is founded

on its~e~id-ent r8:i"i=~·;~;-: 1 It 1s~-o-nsi~H·nt with-the constitutional policy that

guarantees the right of the P<'Ople ar:d p~ople's organizations to participate

"at all levels of social, political and .:-c•.•nomic decision-making" in matters
affecting the various sectors they rE>p!~.:'ent. (see Art. XIII, Sec. 16.)

'This provision is implemented by R.A. ~: -;-.; 10 I June 17, 1992) olht>rwise known a,; the

"Special Protection A~ainst Child Abu~e, Ex;: ..~.,tion and Di;;trimination Act.'' R.A. No. 7f)58

(Nov. 9, 19931. amendin~ R.A. No. 7610, pro~:':.~; :he employment of children below 15 years
of age in public and private undertaking~. o~. :~.:-other hand. R.A. No. 8980 IDee. 5, :0!0001
in':'titutionalizes a N:~tiona! Systt>m for Ear;:. •:':ildhood Care and Development 1ECC:DJ to

promote the rights of children to survivaL :-:··:dopment and sp~cial protection with full

recognition of ti1e nature of childhood and :t' ; : -ec:al need..;, and to support parent:: in their
roles as primary can:givcn and as their chtk·-·:·' ilrSt teacher·R. The law is implemented by
ExecutiH• Order No. 2H6. ! Feb. ~3. 200-!J IL\ :'~ :. 7610 is further anwndt·d by R.A. No. 9231

We<:. 19. 20031.
Tht- fir!:'t .,ix (6~ years oflifc are conl'idt::r-::: :r.'i" most critical stage of human g•·owLh and

devtdopment. l:>~;>tau::;c this is the formative p<·~: ·.j when children d(~vP.lop fast~~r. During these

ye<m;, all the phy,;ical tuld mental tr«ils of ti:.:- :·'":;ld as a human hP.ing m·e dt-vel<Jped. Proper

nulrit.ion helpr< enhance thc:- child's phy,;inll .;:·.d lllt'ntal well-hf!ing. 1'he environment also
ph•ys a vital part in a person's tievclopment

~'!'he l!nitN! Nations Children Fund rt·:--;;. EF· ha~ CIIIIU:' up with the li:;t of the rights of

ev('!ry 1:hild. They arc:''! l"i to be horn. t.o h<l\·~ .: :·.:,:~lc· ancln<llinnality; f2J t.o ba~:~:~ a family who

will love and care for them; 1:3} to live in a o.:-.;ccfu! cnmm!.lJlity and a wholesome environ-
ment.; i4i to have adequate food and a h(~alth:- .:::J active hody; 151 to obtain a good education
and dt•velop their potC'ntial; ~fi! to l11! gin·.: ..oi)pnrtunit.ie:; for play and leisure; i.7J to be

protected against abuse, exploitation. neglee;. ·.wkncf!. and danger: and i8J to be defended
and given as!;i~tance by !.he govcrnnwnt.: ~nc! · 9 ·to h!> ::~hie to expre:;,; their own views."

Re~earch shows, according to UNICEF. :1•..1trilion lind t-nvironmental stimulants dra-

matically affect a child's brain in tlw fir.:;t ;Hi months of life -- when a child devt>lops the

ability t.o t.hink, speak, learn, and rca.:;on. :\f(,r<· im·cst.ment in early childhood development
would produce a hcalthit>r. mon, produt:t.in, poJ.!ulat.ion while ~::wing monf.'y for remedial
education and health care.

:li{.A. No. 8369 (Oct. 28, 19H7! c.:;tahli,;he~ Child and Family Courts to exclusively handle

Cl'iminal and civil cascf'. involving children and vr family relations. From its original thrust of

promoting family planning. the Family Welf<Ht- Prvgram CFWP) of the Department of Lab<Jr

and Employment (DOLE\ ha:: ;:;hiftnd its fonr:< to providing family welfare services t.o work-
ers. The t.m (10) dimeni!ions of tlw pr·ogram ronsi:;t.ofthe followin~: !a) ReproJuctive Health

and Respomible Parenthood: ibJ Education Gt-nder Equality; (cJ Spirituality and Value
Formation; Cd} Income Gencrat.ion/Livt-lihood Cooperative; lei Medical Health Care: ~fj Envi-
ronmental Protection. Hygien() aHCI Sanitation: chi Sports and Lci~ure; (i) Housing; and (j)
•rransportation. (Department Ord~r Nv. 56-0:3, D~c. 11. 200:J.i

Sec.4 ART. XV.- THE FA:\IJLY 487

SEC. 4. The family has the duty to care for its elderly mem-
bers,but the Statemay alsodo so throughjustprogramsofsocial
security.

Duty to care for elderly members.

(1) By the family. - :\!embers of the 5 ame family have the duty to
rendei· mutual aid, both moral and materiaL to each other. This is parncu-
larly imposed by th~;> Con5titution with rbpE-ct to the care of its elderly
members who conf\titute a sizeable portion vl our country's population.:

v6ne of the more praiseworthy and endurir.~ Filipino values is devotion

to family ties.2 Married children continue to take care of their old parent5
(even grandparents. in-laws or other clo~e relati\·es 1 who are made to li\·e
with them. Thus, it is considered an act of ingratitude for children to send
their parents in the autumn of their live5 to the homes for the aged.
whether government or private, as they do in w.,,-tern countries if they can
afford to support them. Indeed, the averag.,. filipino family looks at this
practice as contrary to this cherished fami::, :radition. Such a tradition
holds as firmly as ever today especially in the ~-..;:-?.: _, ~eas where majority of
the population li\'e. The average Filipino p.e!'C"'!Yt~ ~·~·::-.e:-: for the aged as
places "where people are left to await death ... Tbs :5 tZ:e reason why in the
Philippines, compared to Western count1·i~:,;. tht're are u:1ly a few institu-
tionalized dwellings fl.lr the aged and such institutions arl' found in the
urban areas.

However, present-day realities may make it financially impossible for
some families to provide for the needs of their elderly members under the
same roofthat it is to the best interest of all concerned to entrust their care
to a private or public jnstitution for the aged instead of being left with their
families without the minimum of care.:~

!Pr·oclamation No. 410 oieclare~ the first week of Oc10hcr as "Elderly Filipino Week'' to
promot.(l public awarene:"s that our lolos and loin.' - our f•lderly folk -- are valuable
members of the family and socit:t~·.

''Ahno><t every Filipino f,1mily has two <Jr more ~t>nior members. Their presence in the
family is a traditional featun~ of the Filipino Family Sy;<tem, with family members even up to
four generations re!>iding iu one house or family compound. 'fhif< Filipino tradition of.cross·
gener.~tional fam.ilY. has hef•n considt:rcd <11:' cmr:> of our ~.oci(;!Jy's gr~il.test strengths. The

cxttmdHd family provides an itnportnnt built-in ><upport ~y~;tem in a household where one

lives tog.~lhcr with people to whom one can daim kinship, and who provid+: contpnnionship,
guida!tCf' and assistanc(~ wh(mever neerl.,d, ;;hare their skills, interest.s. ann exp..riences,
thus. making it cnswr for a falllily IlH~mbE:r to adjust to t.he- re-al world and to make iut<:>lligeut
choic('s fm· himSf!lf ur h+<r~elf. w~ Filipino~ have earned the sobriquet ofbein~ the- "happiest"
of A.•i;~n~. rcgardk~::; of our t<tutions in life. E\·en when we ar~ facc<l with ~·~emmgly insm··
nwuntahle pruhkm~. nr the lll'O~pert of a blt>ak futurt·, we do not Jr..<(' hope ,l!ld still manage
to smile and rt•f.ain uu•· ~•,n,;e of humor. The <:!Xplanati•.,n for tin:. admnable Filipino outlook
in life can be folUnd in our dose family tit's and det•p rcligiou~ nut~.:rt!.

~Majorit.v of re;:id(•t•h ot h•Jme:; fur the 11/!l:'d in \)Ur (·oumr~ art' th(: .,-cry poor and have no
known 1·elation:; or tho:;t> abanciom•d by th<:>ir rPla::' ·:·;.. Tht• ir:c~t·a;:ing tempo of urbanization
in the country, part of the indun!ializ<H!•Jn proc.:-;.;;. mt,:rat!Gt\i'. demands of daily living,
loosening of value1;. and und€'51r at lt:c ::J·)d-ern ;r.r1uer. :t· ". ha \E: all contributed to the increase
of the number of broken famihe-<" and tho; ('ru5ll•r. ·)i ttk ! raditional idea of the family.

TEXTBOOK ON THE PHII.l PPI~E COt\STI'I'UTIO::;- St-c. 4

~/By the State.--· Ex isting laws grant benefit~ for sickn ess, di ~ability ,
ac.: dent, etc. , to in di vidua ls cov ered under the social s ecurity system.~ The
3tate may provide just schemes of~ocial security le.g., housing, fipecialized
health care, pensions , insurance, and uther services) exclusively for its
citizens in their twiligh t years who are- without any means of support. The
:Jhysical and mental well-being of old people depends to a large extent on
how they spend their time; hence. rE-Creational fa cilities, a mong others,
have to be provi ded for them.

Love, respect and care for the eldt:-rs. pa rticularly the grandparents,
are enshrined in traditional Philipp in t: ,;ccicty. Their wise counsel honed
by their years of experiences are an indispensable guide for t he yoLmgsters
of the family. Ma ny of our Plderly folk crmtinue to b~ productive and active
members of their communities, and fam ily p roviders and caregiver~ to t he
young. Grandparents a re the onf!f. who wat<.;h over their grandchildren
when both parents work and m ust l t-:lYt home; espe<;ially so when one or
both parents work abroad, they ser\·e as effectiv e mec~iators of famil y
conflicts. Contrary to the stereotype view that elderly persons are helpless
and depe ndent a nd are a burde n tn both tamily and the socie ty, many of our
Filipino e lderl y a re retired professio md,: and experts in areas t.hat are vila l
to our country's socio-economic pursu it:'. They continue not only as produc-
tive members of families hut also a,: primemovl~l·s in m~my producti ve
community endeavors. They a re like wise our living links wh o bind the
present with our nation's past.

In recognition of the ir role a s inYa luable a nd vene rable m(!Inhers of the
extended Filipino family system and our society, t he State is mandat ed by
the Constitution to promote their wel fare and maximize their participa~ion
in nation-building through ''jus t progr a ms of social SQcurity.""

-oOo -

·'R.A. !'io. 7-132 (April 23. 1992'•. :1 " timc udc>d. gron;;; ht-ta:fi ti;. and special privilege>~ to

"SPnior citizen'<" defined in th" law to nu~<tn "u r ~.'· rt· ~id~·rr l cith~·n of th~ Philipprnes at le ast

nO yean; uld x x x." while R.A. ~o. 7!-i'i'l) ! Fe h. II. 1995 !. thi· "Senior Ci tizl!n~ Ac t of th r~

P h ilippin e:;,'' m;t <rlrlis hm; a Senior Citizens Ccrner in >lll cit it~S an d rnu.n icip<tlit.icli in th~

Philippi nl-!s .

''ln :woo. the P hilippine populatio n was 74.5 million, 6 rmlli()n of whom we n~ elderly

pe r~<on:; (H' 60 ye~:~rs old and above. 13y the yoar!> 2020, th~ nu mber of i:! ldcrly Filipi nos i!:'
expectE"d to grow to 11.0 milli on . !'.i cd ieal. nutrition a l. ti nd ~<r:i tm ti fic Hdva nce>; account for

this rise in th~~ numher l)f elderly fol k in ou r (:nuntry . The life cxpect3ncy of th~ an•r age

Filipino imprnn:d from 67.4 years in 1998 to,:nl.l yP.ar..; in 2004 .

Article XVI

GENERAL PROVISIONS*

SECTION 1. The flag of the Philippines shaH be red, white.
and blue, with a sun andthree stars, as consec.-ated and honored
by the peotlle and recognized by law.

The Phili~pUleila~.

~J:r"'fhis section describes the flag of the Philippinf.'i5. The law rer~~rred

to'is thP Philippine Flag Law.; Our f1ag is histvrie and ha~ a !:ltoried past.
The color and even the shapes in the national emblem st<uld for signif'kant
element.!-\ or ev

he flag is made of two stripes, one red, •me blue. and a white
eqmlatera) triangle to the left of the flag area. The upJx~r stripe is blue
and the lower stripe is red. In the center of the triangle i:-; an eight-rayed
yellow sun. In each angle or corner of the triangh~ is a fiq·-pointcd star.~

*"General Provisions" is a catch-all chapt~'r fur· a wicle n·n~:·· ,,.- ,;ahj~wt.,.; of national
importance left out ofthc reRt of the new (~onsiit~lion.

!Act No. 2928, approv~d March 20. 1920. A new law. !L\ :-.:. '-~'ll 'Feb 12. 1991-!i,
otherwise kuown as th<! "Flag and Heraldic Codl:l of t.h~ Phi. IiPJ"Il··-.·· J'H·~niht•s 1.hP C()(k (lf
the National Flag, anthem, motto, coat·of-arms ar.rl tlw ot.h••r 1-,•. , .• :.:lic il<'"l" and dt>vi~·"!;.

Proclamation No. :37-1 (March 6, 19(;5) d•~signa~r.s :'-L!\· ..> ~~.- :\ati•111al Flag Da~· to
commemorate the day on ::O.tay 28, 189/:\ when the victo.-i"u~ 1\.,,·:!J<.:•r<:n•« lwi~ted the Filipin<.•
flag, ncwiy sewed and arrived from Hongkong-, in Ah c;_, ~·. • ·=,,·ite wlwre t.hey d•:f•.><H~d
Spani,:.;h forces in what is rec()nled a~ th4:: Battle l)f Ah•r)·,::. w~ik E:-.ecutive Onl•.•r ~'-'· 179
IMa,y 14, 1994) decr~cs that the Philippinu r'lag r;hRll !)•· ·:ii-L'byccl in all publi(' t>nilding~.
governtntlnt institutions, and ofli1:ial n•.;;idem;~:s from \L:- ~-! t<.· ,June 14 1!\'<!ry year.

'Executive Order No. 1010 (}'eb. 25, 1985) "restor(!~ .. tht: ·original" c.olor of light blue of
thr. Philippine flag from its former colo1· of dark blue. I h·,.. ,.·,('r. '·[!i; con.;z;~cmted :.n;l honon~d"
hy th11 Filipinos and "recognized by law" when th(• 1'1~.~ ('on.<til.ution IHl.~ prnn,ul)!atccl, the
Philippine flag had a dark blue field.

According to Senator Arturo M. Tolentino:'" I' It 1\'flS tlw llag rai>'etl •.vhen the govern-
ment. of the Commonwealth was inaugurated in l~l:l5: i.21 Jt W::l!-1 thl' flag urH]I~t· which our
f;oldiers fought during World War II; (3) It wa!' tb(: tlag raised when th~.> pl'e!'ent }{epuhlic of
lhl! Philippines was prodaimed on July 4, 1~14(); (4) It i:< the tln,l! tb;Jt lh<! Philippine
government has told all other nation~ of the world at tlH: United l\!ati""" <IIIU ·~hwwhere as
that. of the Filipino reople; !5J ft i5 the tlag whid1 both civilian~ ;md ~oldier~ ~alutl: wlwn th'!.
natiunal!JJit.hef'll is played, or when the color" arc on pa.-ad+>. or du•·ing flag rai~ing cen•mn-
nit>.~, ot· to which every school boy or girl has recited the oath of allegiance; :md !())It is the
t1;ig with whid• we have covered the fun~rai ca;;ke~,; o~ QUI' Pn.>::;id•~nt.,; and other honored
countrymen when they were brought to their final fE)S~ing plan•.

4H9

490 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1

~ed color signifies FHipi uo va lor and heroism; blue, the
Filipino resistance to foreign invaders and the Filipino aspirations for

freedom; and white, the Filipino capacit) for self-determination or to

govern themselves like any other people. The blue color3 is also said as

a symbol oftru~,justice, and brot herhood and the white, of purity and

peace. //

(~~three (3) five-pointed stars represent the solidarity of of the

three (3) major geographical divisi ons of the Philippine Archipelago:

Luzon, Visayas, and Mindanao and the five (5) points in each star, the

many islands surrounding these geographical divisions. The sun sym-

bolizes Liberty and its eight (8) rays represent the provinces (Morong

[Rizal], Bulacan, Pampanga, NueYa Ecija , Tarlac , Laguna, Batangas,

and Cavite) that first took up arms against. Spain and wer e declared by

the Spanish Governor General in a state of war (en estado de guerra).

The sun is also said to represent the gigantic strides that were made by

--the Filipinos in overcoming the oppression of the Spanish colonial

regime. _,
{-dJ'"The white equilateral triangle which is the flag's main feat ure,

rri~ny believe, was based on the Kat ipuna n War standard and stands

for its ideals of liberty, equality, and fraternity or brotherhood ofmen.4

(3) The Philippine Flag is furth er distinguished from all the flags of
other nations by the manner with which it is hoiRt.ed. In times of peace
when the flag is flown from a flagpole, the blue field is on top; if, the red
field is up, it signifies that the nation is at war . If in a hanging position , the

"The quali(ving clau~Se 'as consecrated an d honored by th~l people' used in 1Ba5 a nd
again in 1973, can refer only to the flag known by the people and the delegates to the 1935
and 1971 ConAtitutional Conventions; and i!> the Philippine flag with a dark blue field, which
was the only flag known to the Filipino people since Flag Day on March 20, 1920 when it
became lawful to display the Philippine flag after it had heen banned from 1907. Whatever be
the original colors or des ign of th e t1ag carried by our t·evolut.ion<~ry heroes an d displaye d at
Kawit on Ju ne 12 , 1898, will rema in a historical fact which cannot be alten!d. On tht~ other
hand, the flag, with its color;; and arrangements ·consecrated and honored by the people,' is
mandated by the ConAlitution as the flag of the Philippinef. today, and h ,gally cannot be
replaced by the flag of the historical past, except by amending the Constitution." (Bulletin
Today, July 29, 1985 ..1

A special historical body was cr eated during thf! Ramos Administration t o study a
redesign of the Philippine flag to reflect more accurately our Muslim h t:ritage and the
contributions of our MuAlim brothers to our stru~glc fOf freedom and independence.

3The color blue in the national flag wa.; originally adapted fl'om the American National
emblem. The s hade of this blue w~;~s changed to "sky blue" {color cele!lte) by the Filipino
rev olutionary leaders because of the failure ofthe American's to live up to their promises and
the Philippine-American War. (Manila Bulletin Editorial, May 28, 2003, p. 10.)

•The first emblem raised by the Filipinoll when the Philippine Revolu tion broke out in
August 31, 1896 until the truce of the Bia.k -na·Bato, was a red cloth at the center of which
was the letter "K" written in tha ancient l' ilipino script. Anot hl!r flag had a skull and
crossbones at the centt~r of a black cloth. The color red was a popular among the Filipino
patriots because it conveyed their readiness to fight for their country's freedom, while the
color black symbolizl!d their willingness to die in pursui t of their libertarian dreams.

Sec. I ART. XVl.- GENERAL PROVlS IO:'\:' 491

\ .. blue field shall be to the right (left of the observer) in timt· ,,; :..,- ,, •-:-. and the
red field to the right (left of the observer l in time of war.'
'
(4) The present flag was sewn by hand for five (5) days :::: ~ ~,:\~::-rison
Hill in Hongkong by Marcela M. Ag(lncillo lwife of the first F:::;::-:. ::iplo-
mat Felipe Agoncillo), assisted by her daughter Loren;~.:t .\,:.··nc:~~: .\·ho
was then only 7 years old), and Delfina Herboza-Natividad, a n!ece ::· · · ~e
Rizal, from May 12 to 17, 1898 on orders of Gen. Emilio Aguu1alci.: -:-·- ~
original flag which was designed by Get'i. Aguinaldo from the pas: :-.:• : __

tionary flags while in exile ir, Hongkong, was made of silk and a co~>=-' ::·

colors - an upper field of blue and a lower fi eld of red, with a .... :-. :.;-
triangle at the left containing the sun with eight (8) rays at the cente:-- .:.:-:
three (3) pointed yellow stars at the angles ofthe triangle. It was emboic-=:---=-:
by hand in gold following a design provided by the Philippine Commit:-:--= .::
Hongkong.

(5) Our National Flag received its baptism of fire in the battlt- : :·
Alapan, Cavite on May 28, 1898. It was officially hoisted in Kawit, Ca·.-::.:-
at 4:30 in the afternoon from the balcony of Gen. Aguinaldo's house on .J:::-.:-
12, 1898 to the martial cadence of "Marcha Nacional Filipina" or t!-.~
Philippine National Anthem, when t he independence of the PhilippinE-~
was proclaimed by General Aguinaldo. The proclamation of its independ-
ence to the world gave the Philippines the distinction of being the first
democratic Republic in Asia, with its own modern Constitution.6

(6) The Philippine Flag is not only the revered symbol of our Republic
and our national solidarity; it is also the symbol of our struggles for
political emancipation as well as our identity as a freedom-living people. In
it is written the blood and sacrifices of men and women who died for us that
we and succeeding generations may enjoy the blessings of freedom and
democracy. In it i::; embodied the character, aspiration s and ideals of our
people. Every citizen, therefore, must honor and consecrate the flag and
rally to it and all that it represents.7 Making known to our people the
profound significance of our national flag will help sustain their pride in
themselves as Filipinos and in their country as well.

Exemption from flag ceremony
on religious grounds.

Under the law, all government offices and educational institutions are
required to observe flag raiSing ceremony every Monday morning and the
flag- lowering ceremony every Friday afternoon, which s ha ll be simple and
dignifled and shall rnclude the playing or singing of t.he Philippine Na-
tional Anthem.

~R.A. No. B491 (.l<'eb. 12. 19!-lfl), Sec. 40.
6The withdrawal of American s overeignty may be viewed not nil n gra nt of independence
but n recovery of the independence gained from Spain but taken away hy American colonial
occup11tio n.
;C.A. No. 634 (June 10, 1941.) penalizes by fin e or imprisonment disrespect to the
Philippine flag and the National Anthl!m.

492 TEXTBOOK 0~ THE PHILJ? PI'\E CONfll'ITUTlON St!c. 2

Failure or refusal to ob::>erve the tla!! cer~mony as required by law. shall
be penalized by puhlic ..c.ens..~rt:. as a n a dmi nistrative punishment \\'hich
~hall be published at least once in a JH:wspaper of gener a l circulation. The
Department of Education W1.~pEd 1. upvn the recommendation of the Na-
tional Historical Institute tNHIJ and after proper notice and hearing, in
case of a failure to observe for a second time, the flag ceremony, shall cause
the c_ancellation of the recognition or permit of the private education.<il
~nf:!titution~e spon sible for such failurfc> or refusal,=

In two (2) cases decided by the Supreme Court in 1959 and 1960,9 it
held that compulsory salute to the flag was neithe r viola tive of the fre edom
of religion (Art. III , Sec. 5.) nor the freedom of speech. <Ibid., Sec. 4. ) In a
recent case,10 however, the Supreme Court reversed itself. 1t ruled:

"The sole justification for a prior restraint or limitation on the
exercise of religious freedom is the existence of a grave and present
danger of a serious evil to public safety, public morals, public health, or
a ny other legitimate public interest tha t the Statt> has a righ t (and
duty ) to prevent. x x x The refusal of the m embers of Jehovah's Wit-
_nesses, a small religious group, to participate in a fla g ceremony con-
trary to its religious beliefs does not crea te such a danger. x x x Their
expulsion from the elementary schools where they are enrolled will
violate not only their religious fre <>dom but also their right. as Philip-
pine citizens to receive free education for it is the duty of the State to
'pr otect and promot e the r ight of all citizens to qulilit.y education x x x
and to make such education accessible tn all .' " (Art. XIV, S ec. 1.)

SEC. 2. The Congress may, by law, adopt a new name for the
country, a national anthem, or a national seal, which shall all be
truly reflective and symbolic of the ideals, history, and tradi~
tions of the people. Such law shall take effect only upon its
ratification by the people in a nationa l referendum.

Adoption of a new name for the country,
a national anthem, or a national seal.

Section 2 seems to imply that the present name, national anthem, and
national seaJI are not "truly reflective and 1-lymbolic of the ideals, history,
and traditions of the people ."

kSec. 48, R. A. No. 849 1 ! Feb. U. l!)!J" '· Th ~· fr.lT!nC:• ln w ~ W(: r~ R.A. No. 12135 (J un!' ll .
1955) and Exec. Order No. 321 (June 12. 1950 ' prl:'scrihing the Code ofth E.' National Flag and
the National Anthem of the Republic of th~ Philippines.

~Gerona vs. s~crc tary of Ed uc:a ti on, 106 Phil. 2 119591; Ba lbuf:na vs. Secret a ry of
Education, 110 Phil. 150 (1960i.

, 10Ebra linag vs. The Oivi$ion Superintendf!nt of Schools of Cebu, 21 9 SCRA 256 (1993i .

'The earliest predecessor of the national ~;eal was the coat of arms hcs towod on the ci ty
of Manila by Ki ng Philip II of Spain thr.ough a royal grant isllued ti·om his; court at Aranj uet,
Spa in, on March 20, 1596; lhe second W!~ S t hat of the first PhilippinE! Republic, also kn own a:;
Aguinaldo's seal which wa.~ used in his ma nifes toes s ince Oct. 31, 1896; the third was tha t

Sec. :? AHT. XVI. ·•· GENF:RA!. PROVI S IONS 493

' A law providing for thP. change shall take effect only upon itR ratifica·

bon by the people in a n<ltional referendum. Under the 1973 Constitution,
the power was given ~olely to th e int,•rim (not the regula r ) Batasang
Pambans a without need of ratification b~· the people. Thereafter, the new
name, anthcm:t or seal so adopted "shall not be su bject to cha nge except by
constitutiona l amendment .'') Under S ection 2 above, any Congress elected
under the new Constitution can adopt a new name, etc. which can be
changed again by a subsequent Congress ,-ubject only to 1·atification by the
people in a national referendum.

A change of the country·;: na me is unlihly nor is i t necessary. It may be

a colonial name but it is a name that Fihpino::; can be proud of, a name by
which the country ha:=-; long- b(:>E!O known t h r oughout the world.4 Section 2 is
more of a "contingency" pro\'ision becau;:e it · could be necessary in t he

future.

adopiPd hy the Philippine Cr.m!:-n;s;on in 1905; th•.· i(·u r;h wai' that of the Com monwealth
govc r nna> nt. appro\·ed on 1:\o,· 6. 1935: th e fifth wa~ that Qf the prc!lcn t Re public which was
app ro\·ed by lh e Congr~ss of th~ P!nlip pines and Prt-:;ident ~lan uel L. Roxas on ,July a, 1946;
and th e ,;ixth pha;;e in the .;e:tl ~,·;JI'Jtion wa;; effected by P residential DecrcP. No. 1413 !.June
7, 1978), declaring t he theme · [..·c:oif Bunsa, ]sang D aca" •One Country, One Spirit) as the
national mot.to of the Republi.: oi t he Philippines, and incorpo rating it in the national seal.
1'he motto wa;; incurporated by Edgar Lee, an emblem designer. { Bull~tin Today, Oct. 13,
1978.) The decree wa s, howe\'er. :>•.Jperserled by the Ad mini.!'trative Code of 1987 (Bxec. Order
No. 292.), Book I , Section 14'1·.

Under R.A. No. 8491, the Great Seal s h a ll be circul<tr in form , with the national coat-of-
arms described in Sectirm 41 hut with(>ut t h e scroll and th~ ins titution t he 1·eon. Surrounding
the whole shall be a doub le m nr,gint~ l ci rcle wi thin whi ch ;;h alll\J'p ear the words "Republika
ng Pilipinas." It s hall bear th!· ~ ;H ion!ll Motto: "Jfuk n-Diyos, ;\[aka ·tao, Mckakalikasan and
Makaba.nsa." (see Sees . .tO--t:{ th ereof. I

•t;ntil otherwise pro" ided by law. t he musical arrange ment and com position of Julian
Feli pe is adopted as the nat ional anthem. (Exec. Ord~r 1:' o. 292, Book I. Sec. 13. j Julian Felipe
was fl mu sician and ret:olufionarit"• from Cavi te. He composed the music on June 11, JR98
upon the r equ est of General .Emilio Aguinaldo who wanted a march "that is ~;ometh ing more
stirrin g and majestic, which can inspire our men to fight the enemy - something which
embodiOFO the noble ideal~ of our r ace." Aguinaldo and other rc\'Olutionary gerarals liked it
and adopte d it as "M arch a Na r:iona/ Filipi•w." The San Francisco de Malabon brass band
played it wh1-<n Philippin e independence was formally prnclaim ed in Kawit, Cavite ob.June
12, 1H98. Th E< lyrics in Spanish wa~> a uthored by Joi!e Palma. a soldier-poet . In the 1920s. t he
anth e m u nde rwent several traaslation,:;. The most popular was an l!:nglish translation of the
Spanish verses made by ed ucator Camilo Osias and :\-LA. Lan e, an America n . Incide nt ally.
Osias also wrote a ve rsion in Tagalog. Later , t he Tagalog vers ion was adopted b,· th.e
Commonwealth Government.

With the Filipinos' Rearch for an expression of nati onal ident.ity, the Institu te of :'\.:. ·
tiona! Language (Suriin ng Wfka ng P a mban Ra ) was tasked to d ra ft a new t ra nslation of the:
an th Hm. The version of TNL was officially adopted more t han 50 year~ a fter the anthem's
crea t ion, on May 26, HJf>6 as pet\claimed by President Ramon Mag;;aysny.

Proclamation !\o. 1:?;39 l ,)unt! ·L 199t3' declares ,Tune 5. 1998 and e,·er~· yt'ar thereafter as
the MPhilippine ~a~ional Anth <!m Day ...

3Artide XV, s~ciion 2 th.::r.::lif.
'The name -Phihppmt-s" cam<· fr ,.m :::;:.:; in > Cru'' n Pr:r.rt- Phllip II who turned out to be
a very un popular monarch. lncid..nt a il~. th~ tt"!m -Fiiipmo" origi na lly referred to Spaniardt>
and Spanis h mestizps born in th<· PhJi1ppi necs. Tht: nrni,·e;; of the country, that is, those who
w~r~ bon1"'ai:\(f'ri!u~ea in th e country, were ta~ge d a,; t ndiO§: It was only at a later time when
the indios and ch inese mestizo.~ u:;..-d th e name -Filipi no."

TRXTTIOOK ON THE PHILIPPINE CONSTITGTION Sec. 3

Playing or singing of the National Anthem.

Under Republic Act No. 1265 and Department Order No. 8, series of
1955 of the Department of Education. the national anthem may either be
s ung by the pupils or played by the school band alone. The choice resides in
the competent authorities of the school concerned. Where the anthem is
played by the sehool band, the childre n may not be compelled to sing it
instead. Where the anthem is not played, it mu::;t be sung by the school
children. The law grants no exemption to any school for a lien children.

The national anthem shall be sung or played upon the opening or start
of all state celebrations or gathering;,; and on such other occasions as may
be prescribed by appropriate rules and regulations.5

As to the Patriotic Pledge, a lien chiltiren may not be required to recite
the same. The wordings of the pledge were meant to be taken by Filipino
citizens alone.r.

SEC. 3. The State may not be sued without its consent.

Principle of non-suability of the State.

(l;f A manifestation of republican government. - This principle is de-
rived from the will of the people them;:;elves in freely creating a representa-
tive government through which they have agreed to exercise the powers
and discharge the duties of their sovereignty. In so agreeing, the citizens
h ave solemnly undertaken to surrender some of their private rights and
interests when they conflict with the higher rights and larger interests of
the people as a whole, represented by the government thus established by
them a lL One of t hose "higher rights'' based upon those "larger interests" is
that of governme11t immunity from suit.

• In a very real sense, a sui t..~gaiJ!~t th~. $t,?t~. by ~t!'? . ~!~i~.e.!lS is~ in.effe.ct....

a sult agaim;t the rest of the people r epresented by their common gQye~-.·
.:meAt --~D. (l.f.\QD}al.Q\lS. li.Jl.d li!-b.s.u:r.d .situation indeed..1

(¥5 Wrongful acts not condoned. - The doctrine refers solely to the
freedom of the State b~fore its own courts from legal responsibility for its

';Administ.ri•ti"E:' Code of 1987, Bo<.>k I, Section 13.

Section :n of KA. No. 849 1 provi dt!s that the rendition of the National An t hem, whether

played or s ung. ;;hall b~ in accord ance with the musical 3rrangemcnt and composition of
Julia n F el ipe. Sect.i•ms 34 and :!5 of the law provide that tht! National Anthem s hall be
entitled "Lupcll!f:: ffinirang» (see p. viii .) and shall be sung in the national language within nr
without the countrv.

~op . of Sec. ofJustice, No. Hll , s. 1965. The Pledge of Allegiance to the Philippine Flag

(St!tl p. x.) •shall be recited while standing with the ~ight h~nd w_ith palm open raised
sh oulder high. Individuals whose faith and religious beliefs prohibit them from making such
pledge muat nonetheless show full respect when the pledge is being rendered by standing at
attention." rSec. 25, R.A. No. 84!-!1 .)

1Metran v;;. Paredes, 79 Phil. 819.

Sec. 3 ART. XVI. - · GENJ<::HAL PROVISIONS 495

own actions. lt does not Ioean that. acts which are in their nature wrongful
are not so because they are performed in the name and for the State. In
other Wt)fds, it is not a recog nition or approval of the a ncient maxim that
"th (l King can do no wrong."?.

(3) Scope. --The principle extends to suits agaim1t foreign state!<.· see
Art. II , Sec. 2.) It also applies to local governmt-nts . In the exercise of ::~eir
political authority as agm1cies of the national government (see Art. X. 5.:-c.
1, supra .), they rnay not he held civilly liable for acts they may ha \·e
committed without the connent of the State.

Bases of the principles.

( 1) Upon reasons of public policy. - It is obYious that public sen-:ce
would be hjndered and the public safety would be endangered, if the Statt-
could be subjected to suit at the instance of e,·ery citizen. and consequently
controlled in the use and dis pos ition of the means required for the proper
administration of the government;3 and

(2)_Upon the ver:y ~.ssence qf _so.uer_ei.g_nr::_. - Immunity from sui~ is
inher ent in all sovereign sta tes. The reason i5 based on the logical and
practical ground that th ere ca~ be no lega l right as against t he authorit~·
t.h~t r:n~k~s_the_la.Yi _on .w.hich..the righUiepends~

When suits against the State permissible.

, The State (Government) may be sued only with its consent. (Sec. 3.)
Consent may be given:

( 1) .Expressly. --Through a duly enacted statute:5

(al _By means of a g~nerallaw (e.g ., C.A. ~o. 327, as amended by
Pres. Decree No. 1445. ) defining the ca5es wher e and prescribing the
conditions under which it may be used. Here, the State gives its con-
sent in advance; or

(b) By means of a...$J2.ecial law authorizing a particular person to
bring a s.pecified suit against the government with respect to a partjcu-
lar claim.6

2V.G. Sinco, op. cit., p. 32.
~Sien vs. United States, 7 Wnll. 152.

•Kawananakoa vs. P olyblank. 205 U.S. 349.
~Republic vs. Purhim'l. L·:lfiOIH , Au~. 3 1, 1977.
6Pre5idenlial Decree No. 1~ 07 C,Jan. 16, 1981 , provi dc>s th!< pr:.-c..dure whereby the
Re public of the Philippine;; may w ai ve s overP.ign immunity fr<>m ~"'-~:: ar: c other legal proceed-
ings with re;;pect to it:;(;'lf on its proparty i:1 (·•.mn~ction with f)r.- :r: c-bhgations contracted by

it pursuant to law. l.."ndt'r th e Admln:.; tr.:.ti\"t< C·Jd.:- ·:i :'-':-":". :":-:e S tate shal1 be legally

respongih le only through the ac-t: pHicrmt-d :::"l .;!c~~·~:!"::~.:- ... :d: the Constitution and the
laws by its duly authorized r.-p re:-e nt at l\·e;; h ~:-.;;L -:-1.:: ~ !:-:-.und by the mistakes or erron of

its officers or agents in the exercise of the:r func!:c.m Book I. Sec. ll thereof.)

TEXTBOOK ON TH~ PHILIPPINE CONSTITUTION s~c. 4

:.: ...l.m.!!.lit!_df.v.:. ---As in any of the following cases:

I)YWhen the government sues to recover money from an individual
who haR a elairn against it, the latter may set up such counterclaim;i

(h) When the government engages in commercial business or en-
ten; into a contract, it. can be sued upon the theory that it has de-
scended to the ]('vel of a private individual from which it can be implied
that it has given its consent to be ::>ued under its contract and thereby
divested itself of its sovereign character and its immunity from suits.8
This rule applies to local government~. \Art. X. Sec. 1..)

w~.i.V~_! of imm.unity not admission of liability.

By eonsenting to be sued. the State simply waives its immunity f1·om
suit~ U...c!oe~ 11ot_~y SIJ<;.b. act.~oo.cedes iTs 1iability...t.o..th.e..~tifi.lt merely
gives a remedy to enforce a pre-exi~ting liability and submits to the juris-
diction of the court, subject to its right to interpose any lawful defense.9

SEC. 4. The Armed Forces ot the Philippines shall be corn-

posed of a citizen armed force which shall undergo military
training and serve, as may be provided by law. It shall keep a
regular force necess~·y for the security of the State.

Armed Forces of the Philippines to include
a citizen armed force.

This section directs that the ArmEd Forces of the Philippine.s shall be
compo1~a!d of a citizen armed force '·both male and female 1 who shall un-
dergo military training and service. a:< may be provided by 1aw.1 This
citizen armed foree shall need a corp:< of trained officers and men in active
duty status as may be necessary to train. !'ervice, and keep it in reasonable
preparedness at all times (see Art. II. Sec. 4.1, meaning even during times
of peaC(!. ·1'he Constitution envisions both a conventional standing army
and a eitizen armed force.

There is now an Armed Forces of the Philippines already e$tabhshed by
law. Pursuant to this section, it shall keep a regular force necessary for
coping with immediate defense and s~curity tasks. The Armed Forces of
the Philippines is the protector of tht- people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national terri-
tory. (Art.. II, Sec. 3.)

'Froilan vs. Pan Oriontal Shipping Co.. 95 PhiL 905.
~National Airport Corp. vs. Teodoro, 91 Phil. 203.
"Mcrrit v;; Gov't. of the Philippine Islands. 34 Phil. 311; Harry LyonB vs. G.S.A., supra.

'KA. ~o. 7077 (,June 27, 1991), the "Citizen Armed F'orces of the Philippines Re~ervist
Act,'' provides for l.he development, administration, organization, training, maintenance and
utilization of th1~ citizfln armed fon:es of the Philippines.

Sec. 5 Aln'. XV I. - GENEHAL PHCJVTSIONS 497

The citizen army concept.

The citizen army concept calls for a c0re of regular army men training
young citizens to form thP largt-n· ba::;e of <1rmv manpower \Vhich could be
mob ilized in case of emt~rgcn.:-y. Its adoptivn meets the peculiar needs of
the Philippines which, like rhe other small de,·eloping countries, does not
have t he financial capaci ty to su.pport i:l ;,;r~e regular a rmy. Under th e
concept, all citizens of the country are members of the citizen force.~ Thus.,
under the Charter, the gon:>rnment may cal: :..:pon the people to defend the
State and in the fulfi ll ment thereof, all cit ilc-:-.~ ma y be requir ed to render
perRonal, military or ~i,· il :>cn·ice. (Art. II.~<-·. ..; .

The citizen army concept. patterned afte-r :i:"' ~\\'it7.erland's model. i"
probably best cxpre;;s.ed by the Swiss in th~:r ci.,scription of their military
establil;hme nt. ·'E\·ery male citizen fit to military ::en·ice !:i hall participate
in the military protection of his native coumry . . . The whole Swiss Army.
troops a nd commanders at all levels, perfurm their duties as an incidental
occupation. The whole army is 'at home· in times of peace, except the
detachments that happen to be performin~ ~upplementary training. All
service in our army is. in peacetime. training :'en·ice . We have no standing
army. ":1

SEC. 5. <VAll membe rs of the armed forces shall take an oath

or affirmation t.o uphold and defend this Constitution.

(,2) The State shall strengthen the patriotic spirit and na-
tionalist consciousness of the military. and respect for people's
rights in the performance of their duty.

(3) 'Professionalism in the armed forces and adequate remu·
neration and benefits ofits members shall be a prime concern of
the State. The armed forces shall ~ insulated from partisan
politics.

No member of the military shall engage directly or indirectly
in any partisan political activity, except to vote.

(4) - No member of the armed forces in the active service
shall, at any time, he appointed or designated in any capacity to
a civilian position in the Government including government-
owned or ·controlle d corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow
extension of their service.

~Originally embodied in C.A. No. 1 (::-.iational D~fen>:'e Act), approved December 21, 1935,
l:ll> amended by R.A. No. 4091 and Presidential DeC'ree No. 182, issued May 6, 1975.

~see "An Army of Concerned Citizens,·· by Anatolio Litonjua, Focus Philippines, ~fay 25,
1974, p. 6.

TJ.jXTBOOK ON THE PH J LJ PPT~E CONSTITUTION Sec. 5

ta( The officers and men of the regular force of the armed

forces shallbe recruited proportionatelyfrom all provinces and
cities as far as practicable.

(7) The tour of duty of the Chief of Staff ofthe armed forces
shall not exceed thre.e.y~. However, in times of war or other
national emergency declar~d by the Congress, the President
may extend such tour of duty.

Rules applicable to the armed forces.

Under No . ( ll, membors of the a rmed fo rces are expre::>sly required to
take a n oath or affirm ation to suppo rt a nd defend the Constitution al-
though they a r e "public officers and E-mployees" wh o a re a lready requ ired
to do so under the Article on the CiYii Service. (see Art. IX, B-Sec. 4.)

No. (2) is in line with the declaration that the Armed Forces of the
Philippines is the pr otP.ctor ofth e pN•ple and the State. (Art. II, Sec. 3. ) Its
loyalty is t o t h e people, the rountr~· and t he Constit ution. In str essing the

role of the AFP as the protector of t ne people, the Constitution r ecaJls a

time past when it was used to oppre~" the people in support of a dictatorial
r egime.

No. (3) is designed to insu late t h.:- a rm ed forces from partisan politics
particularly in matters of promotion;:: and assignmen ts . The Constitution
takes cognizance of the low remune :ation and little benefits r eceived by
lower -r a nk members which affect tht-1 r effi ciency. integrity, and morale.

The prohibition a gainst engagin? in parti~an political activity is di-
rected to members in the a ctive sef"'·i('e. Those in the reserve force are not
cov e r e d .

"Civilian position" in No. ( 4 } cover;; any position , whether permanent or
temporary, including those in private entities taken over under whatever
arrangement by the gove rnment. The- prohibition is not a reflection on the
ma n agement skills of the men in uni i·:, rm . Behi nd t he prohibition a re the
larger principle of civilian supremacy uver the military which fr owns upon
the employment of the military in t he ti\·ilian government and the time-
honored tradition in all truly democ ratic nations that "the soldier's job is to
fight a war a nd not to r un a government ."

Nos. (5), (6), and (7) are all in te nded to put a stop to practices in th e
past which favored officers and men with political influence or connections.
It is not clear whether t he Chief of S taff can continue his tour of duty (No.
6 .) even beyond his scheduled r etirement .; (No . 5.) Note t hat No. (7 ) merely

'According t o Brig. Gen. Crispino de C::ts tro. a mem ber ofthe Con~:~titutional Commission
of 1986, the delibcnnions re veal the intent 10 a l]flw the Chief ofSta ll'to finish his tour ofduty
evt<n beyo nd the age nf ret irem l! nt. \ Ma niii! Bulleti n, p. 12, Mar ch '12 , 1988.1 In other wor rls,
t h (' Chi ef of S t aff if; not covered by the mi l ita n· ret-ir emen t law.

Tho three-yea r ca p was intended l<l bllr unbecoming inti macies between t.h e PreRident
and the AFP Chief of Staff· the kind th at result£-d in the unique relationship between

Sec.() AKT. XVI.- <.~~NERAL PROVIRIO:-;s 499

provides a maximum perjod of three (3 l y(·ar:;. It does not set a fixed tenure
of three (3) years. The President may rephH:~ him during that period.

SEC. 6. The State shall establish and maintain one police

beforce, which shall be national in scope and civilian in character,

to administered and controlled by a national police commis·
sion. The authority of local executives over the police units in
their jurisdiction shall be provided by law.

One national and civilian police
force.

(1) Police force before the 197.3 Consti•<~:ion. -Under the former ;;y;;-
iem, before its integration, police enforct-mt-nt functions ~ere distributed
among some 1,500 local police forces which had their own areas ofjurisdic-
tion under the control of local executives. This arrangement spawned such
problems as conflicts in area coverage, rivalry. inefficiency, and wardlordism.
with loc:alities in some instances sen·ing a;.; sanctuaries for vices and
abuses. There was also lack of coordination as each police department
exerdsed some kind of autonomy, making its own decision and running irs
own operatiolls.

(2) Police force under the 1973 Constitution. ·-The 1973 Constitution
ordained the establishment of "an integrated national police force whose
organization, administration and operation shall be provided by law."1
However, two parallel national police organizations were in fact estab-
lished operating ;:;ide by side-· the Integrated ~ational Police force (lNPl
and the Philippin) Constabulary (PC I,~ as a direct result of Presid~ntial
Dt~cree No. 765 (Aug. 8, 197:1! which created the IKP under the Office of the
President with the PC, a major service of the Armed forces of the Philip-
pines (AFP), as the nucleus, and the city and municipal police forces, and
jail and fire departments as ciYilian components.

Besides vitiating the time-honored principle of"unity of command ... t!-:'='
existence of two parallel police organizations promoted conflict and c.:;:::·...:-
sion in the system. Under the command of a military force. the I:"F~
civilian character was seriously eroded while the multiplicity of it5- ; : ·.-,;-:-:-:-

President Marcos and Gen. Fabian Ver, vesting every conceivahle puwt':· :·. ~ ~-- ~.~ .~:·: ,;.\.t-r

team, a ~ct up that later gavc·risc to the frustration~ of the offi.:('l' cc;:·r; :- .:--.--~- .2.::-.c the

mutiny of the Reform the Armed Forces Movement. ;RAl\f, and th·: ':· .. -..: · ::::.,::-~ Cnion

iYOt~;. two groups of dlsr.nchantcd oflicers in the AFP •Bla... ()~,:._. :::::,;-Panorama

Sunday, S~pt. 15. 2002, p. R.l

'Artie!~ X\'. St:?c:inn I :2 :h~r.,.of.
2During th€· C<,mmorwp;-;'th p~r!• .~ .•,~,·:·. :~.~ l'l.' ·x·,- :-- -.: ..,.:,;.~of the Philippine
Ground ForcE< •. PGF '·now ,h.,. .-\rrr:.--:! f: ~~;-, .:· .:·.•. P:: .:: ;:"·- . .~.::;: . :n.: PC as a ~national or
insular polic~·· was mad(! p:1:-:. :·: ':.. p~-; F !··:,;.: ::" ;,.:.:-:-.·. ::-..' ~·· ~ ·.·.: ·.-< ,·,;.pt:n-isory. and din~cti•mal
~ontrol wa~ handled b_,. rhc, D..pa~:m.::;:: · :· 1::,,_.:·. ::- _.!._:·: ..• :hE> war, it remained as the
"National Police" under ~h~ Deparrm..,nr ;:.:· :-;.;,.::-. ::-... : )).-:·,.::-,.-.-. a.; a major service of the AFP.

TEXTB OOK ON TJTF. PHli.IPPJNR CON~TITt ;TIO:'>i

<sl~\c- hampered thl! attainment of an effective , cflit·imlt and respom;ive
;.. :-iice service.:'

(3) Police j(I!H: under the 1987 Constitution. -.tfhe prt~sent Conl't.itu-
tion ::;eekfl to correct these structural d.:ficiencies and oth~1· p1·oblems beset-
ting the system. Under Section 6, the State i~ mf'lndated to e:'t.ablish and
maintai n: (aJ one police force ; (bl which shall be nationa l in ;,cope; (c)
civ ili an in charactPr; l cl i to be admin1~tered and cont-rolle d by a nutional
pulice c,1m mi ssion ; and ie ) with authority of local CXC!cutivl•S ove>r police
u ni ts and their jurisdiction to be pro,·ided by law;..The intent of thf' Consti-
t u tion is to separate t h e PNP from and t,1 gradually plHt:o>e out the P hilip-
pin~~ Constabulary. A po1ice force is a ciYilian function , a public service and
should not, therefore, be performed by the military e~tablishmEmt. The
Constitution considers it inadvisable to provide loca l ex~cutives fu!l control
of the polict'.

/The national character of the ci\·iiia n police force is intended to in~ure
the continuing professionalization of puhlic safety services and the estab-
lishment of standards concerning fo rce, siz e, organi1.ational structure,
personn el qua lifications a nd discipline, equipage and facilities , rank~ and
salaries, ope rational proced ures, and traming, taking note of urban and rural
differ ences. Better still, coordinated efforB, with th~ use of common communi-
catior.s .system and logistical resource.:- and expertise, han~ worked to a major
advantage in the ~olut.ion of crime cases with dispatch and in r('"'ponding not
p nly to local safHty requirements but to national emergencie~ al-' well.

Section 6 is implemented by R.A. ~o. 697 5,4 which e::-ta bli~hed the
Philippine National Police (PNPi, a merger of the Integrated National
Police (INP) anrl the Phi llppine Cons tabulary (P C/ ." The PNP is und~r the
Department of Interi or and Local GoYernment (DILGJ .

SEC. 7. The State ~hall provide immediate a nd adequate
care, benefits, and other forms of assistance to war veterans and
veterans of military campaigns. their surviving spouses and
or phans. Flinds shall be provided therefor and due consid-
eration shall be give n them in the disposition of agricultural
lands of the public d omain and, in appropriate cases, in the
utilization of natural r esources.

~Tho Poli ce under thH ~ N ew Con!ltit u l iou," by Com m. Teodulo C. Nathidad, Manila
Bullct,in. O..:t. 1986.

' Anwndt>d by R.A. No. H551 (.fo'eb. 25, 19981.
"Wh"n the PNP wa.:; or g<mized, the ranks of police officers which u sed to be mi litary
ranks, were changed in kP.~ping with il.$ civilian character as delinE:-d by the Constitution.
l:lefm·e thfl integration of the Philippino Constabulary and the Integra ted National l'olicc,
into n " in gle police organization lPC-TNPl. the ranks of th f! PC oflice n; Wt;rc th~~ same al'!

those of tlw n!ricen; of the Armed Forces of the Philippin~:':; \AI:'I' J three cai major service
commnnds, t.he Army, Air F oi·ce, and Navy. The PC them wa~; the fourth major service

commnnd of the AFP. The I!'JP had thei r own ranks such a;; pnl ke cn.pta:n or politP. gene ral.

Sees. 8-9 ART. XVI. - GENERAL PROVISWNS 501

Assistance to veterans, their widows
and orphans.

Section 7 gives recognition to the services of veterans who n::ked or
gave their lives for the country. It covers survivors who participateci :n the
revolution of 1898 and the Philippine-American War, veterans of W :1rld
Wars I and II, the Korean and Vietnam Wars, and military campa:gns
against insurgency in the country. In case of their death, benefits shall ue
enjoyed by their dependents. Section 7 refers only to their suniving spouses
and orphans.

They shall be given due {not preferential) consideration in the dispo.si·
tion of public agricultural lands and, in appropriate cases, in the utiliza-
tion of natural resources. Note that the agrarian reform provisions on
Social Justice (Art. X!IL) already reserve priority rights to landless farm-
ers and farmworkers in the distribution or grant of public agricultural
lands. (see Sees. 4, 6 thereof.)

SEC. 8. The State shall, from time to time, review to upgrade
the pensions and other benefits due to retirees of both the
government and the private sectors.

Review of pensions and other benefits
due to retirees.

The State is directed to review from time to time the pension and other
benefits due to retirees with a view to upgrade them by law. Such periodic
review or re~examination is necessary because inflationary factors may
render them unrealistic.

Section 8 covers retirees of both the government and the private sec-
tors, i.e., under the GSIS and the SSS. In case of the latter, the interven-
tion of the State is necessary to establish reasonable or standard benefit
plans for private employees.

SEC. 9. The State shall protect consumers from trade mal·
practices and from substandard or hazardous products.

Protection of consumers.
Consl1mers. h~Y-~ .a rigbt.to. q.ualit)!:.products at.iair prices and to protec-

tion from fraudulent trade practiees.1 Accordingly, the Constitution mandates
the State to protect consumers from trade malpractices (e.g., tampered taxi
meters, short-selling, defective scales) and substandard or hazardous prod-
ucts. Clearly, there is a need for the people to be aware of their consumers'

'R.A. No. 7394 (April 13, 1992) is the "Consumers Act of the Philippines." The Detaart·
ment of Trade and Industry is the lead government agency with the main responsibility to
protect consumers' rights.

502 TEXTBOOK ON THE PHILIPPINE CONSTITUTJON Sec. 10

r ights. By knowing and asserting their rights, whether in their personal
capacity, or in a lliance w ith other consumers who have organized them-
selves to make s ure they can seek redress from business and a ny other
entities tha t violates those r ights, they help build a fair a nd j ust society.

The consumers' rights have been identified2 as follows:

(1) J?ighL.ta. basic needs or the right to basic goods and services at
affordable prices an d of good quality which guar a ntee survival : adequate
food, clothing, shelter , h ealth care, education and sanitation;

(2l.. Righi..i(UJJ~r the right to be protected against t he marketing of
goods or the provision of services that are hazardous to health and life;

(3) .Right.to__i.n,fuun.D.Lion.. or the right to be protected against dish onest

or misleading a dver t ising or labelling a nd the righ t to be given the facts
and information needed t o m ake an in formed choice;

(4) .[?ight to ~hoose~or t he righ t to choose products a nd services at
competit ive prices with an assurance of satisfactory quality;

(5) Ihght t o represeZJ.ta.t.i.o.a or the right t o express consumers' i n terests
in the making and execution of government policies and law which affect
their well-being by getting t he best Yalue for their hard-earned peso;

(6-...BJ.ghLt.Q.rf;.d-r:es.s..or th e right t o be compens ated for misr epresent a-

tion, inferior or substandard goods, or unsatisfactory services;

(7) Bight tQ~.O.'fJ.:S_lpru?r ed_TJ.cq,tiofA or the right to acquire the knowledge

and skills n ecesRary to become an intelligent and well-informed consumer ;
and

·(8) Right to healthy environment or the right to live and work in an
environment which is neither threate ning nor d angerous and wh ich per-
mits a life of dignity a n d well-being.

SEC. 10. The State shall provide the policy environment for
the full development of Filipino capability and the emergence of
communication structures suitable to the needs and aspirations
of the nation and the balanced flow of information into, out of,
and across the country, in accordance with a policy that re-
spects the freedom of speech and of the press.

Filipino capability in communication
and information.

( 1) Policy environment for mass media. - T he Sta te is required by t he
constitution to provide the policy environment for:

· (~j The full development of Filipino capability in this field ; and

2By the International Organization of Consumer Unions OOCU), an independent, non-

political, non-profit foundation which links more than 120 consumer groups in 50 countries
throughout the world. (Phil. Dai ly Inquirer, Oct. 3, 1986, p. 15.)

Sec. 11 ART. XVI. -GENERAL PROVISIONS 503

(b) The emergence of communication structures suitable to the
needs and aspirations of the nation and the balanced flow of informa-
tion into, out of, and across the country.

Section 10 provides the cornerstone for the formulation of a national
policy on mass media, touching on such aspects as the right of the indi-
vidual to communicate, the r ole of t he private sector in mass media, the
involvement of the government in mass media; the use of media in educa-
tion, etc.

(2) Filipino communication industr)'. - The first objective is sup-
ported by other provisions which say that the State shall promote "the
sustained development of a reservoir of national talents consisting of
Filipinos x x x in all field s'" t.Art. XII, Sec. 14.) and "suppurt indigenous,
appropriate and self-reliant scientific and technological capabilities and
their application to the country's productive systems and national life."
(Art. XIV, Sec. 10.) The thrust is towards evol-ving a truly Filipino commu-
nication industry that would utilize domestic resources and indiger.::ms
talents and skills. (see Art. XII, Sec. 12.)

(3) Balanced flow of information. - The second objective considers the
need for comm.unication structures that promot.e the national interest as w.ell

as balanced flow ~f..~~fo~a!ionj~ Y.:i,~:w.nLthe..wlfail-nes8 .and iiarl:nfUl ~­

q~ences of misleading, ina~c~rate . or one-sided_new.s...9r:.~~fonna~io(l. particu~
larly where it involves the security of the country or the image Q{ the .P.hilip-
piD.es abroad. Within the country it.sEM, it has been pointed out that urban
centers are "~nformation rich" while rural areas are "information-depriv~d," a
condition that promotes uneven development. One way to ensure balance is to
encourage the growth ofcommunity media and other non-traditional media in
the rural areas. Consistent with the objective, mass media enjoy full freedom
of speech and of the press. (see Art. III, Sec. 4. J

(4) Vital role of communication and information. -The communica-
tion and information industry is an integral part of the economy. The
Con stitution, in fact, recognizes its vital role in nation-building. 1 (see Art.
II, Sec. 24: ), Its development will strengthen:lin~ages among regions of our
country, facilitate inter-island commerce, and promote interaction among
the people. !~.(!an also link the country with other nations thereby foste ring
international understanding an.d world trade.

SEC. 11. (1) The o~~X.~hip and .ma1!!l~~~nt of;mass m~~!­
shall be limited to citizens ofthe Philippines, or to corporations,

cooperatives or associations, wholly-owned and managed by

such citizens. ···

Anformation and communication technology has progyE>ssed so rapidly that it h?tS af-
fected individual daily lives worldwide - how we run our lives and how we r elate to one
anot.her. It has allowed information collected from almost aoy whe re to be accessed, updated
and made available in a fraction of time to any pointon earth in many media, aural or visual.