Article XIII: Social Justice and Human Rights

Section 1. The Congress shall give highest priority to the enactment of measures that
protectand enhance the right of all the people to human dignity, reduce social,
economic, and politicalinequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good. To this end, the State shall
regulate the acquisition, ownership, use, and disposition of propertyand its
increments. Section 2. The promotion of social justice shall include the commitment to
create economicopportunities based on freedom of initiative and self-reliance.
Social Justice simply means “protecting the poor”, it also includes social political justice.
It is the duty of
the congress, as a lawmaker, to protect its people and reduce inequality in all aspects
for common good.As Bernas stated
that “
people who are less in life should have more in law. Xxx. An interpretation (oflaw) that
favors the underprivileged must be favored. Also as the principle always been applied in
penalstatutes, retroactivity, though conflicts with the provisions of the Civil Code, can be
applied if it
favorsthe accused
. The provision, though it favors underprivileged, does not tolerate such act or
behaviorwhich is contrary to law.The State commanded to attend two principal activities
in order to achieve the goals of social justice.They are (1) creation of more economic
opportunities and more wealth and (2) closer regulation of theacquisition, ownership,
use, and disposition of property in order to achieve a more equitabledistribution of
wealth and political power.The matter of promoting the goals of social justice is of the
highest priority because the very survival ofthe Republic could depend on the
attainment of these goals. The most serious problems plaguing thenation can be traced
to a long-standing history of injustice to the underprivileged.The boldest example of
social justice in action under earlier constitutions have been the effort of thegovernment
to alter the contractual relations between landlord and farm tenant and the
increasedeffort to redistribute private lands through expropriation and rescale.
The import of “social justice” that has developed in various decisions is than when the
law is clear and
valid, it simply must be applied; but when the law can be interpreted in more ways than
one, aninterpretation that favors the underprivileged must be favored. Thus, in
National Federation of SugarWorkers v. Ovejera,
G.R. No. 59741, May 31, 1982, the Court, against the strong plea for social
justicemade by Chief Justice Fernando, interpreted the 13th month pay requirement
under P.D. 851 as notapplicable to company already giving the equivalent in the form of
Christmas, milling, and ameliorationbonuses because that was the clear reading of the
existing law.

3
In another case the Court said: “. . . We are of the considered o
pinion that the secondary forces to whichthe ordinary rules of procedure and evidence
have been relegated by the aforementioned agrarian courtlaws do not oblige us to be
unjust and unfair to employers. After all, in the eyes of all fair-minded men,injustice to
the more affluent and fortunate sectors of society cannot be less condemnable
andreprehensible, and should be avoided as much as injustice to labor and the poor. It
is divinelycompassionate no doubt to afford more in law to those who have less in life,
but clear injustice toanyone amounts definitely injustice to everyone, and all hope for
judicial redress for wrongdoings wouldvanish, if the even hand of the law, justice and
equity were to be made to favor anyone or any group orlevel of society,
whoever they may be. . .”
Federation of Free Farmers v. Court of Appeals,
107 SCRA 352,362-3 (September 10, 1981).Moreover, these provisions on social
justice do not legalized squatting. The State
is committedto promote social justice and to maintain adequate social services in the
field of housing. Article
II, Sections 6 and 7 (1973). But the State’s solicitude for the destitute and the have
-nots doesnot mean it should tolerate usurpations of property, public or private.
Astudillo v. Board ofDirectors,
PHHC, L-28066, September 22, 1976.
LABOR Section 3. The State shall afford full protection to labor, local and overseas,
organized andunorganized, and promote full employment and equality of employment
opportunities for all. It shall guarantee the rights of all workers to self-organization,
collective bargaining andnegotiations, and peaceful concerted activities, including the
right to strike in accordance withlaw. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.They shall also participate in policy and
decision-making processes affecting their rights andbenefits as may be provided by
law. The State shall promote the principle of shared responsibility between workers and
employersand the preferential use of voluntary modes in settling disputes, including
conciliation, andshall enforce their mutual compliance therewith to foster industrial
peace. The State shall regulate the relations between workers and employers,
recognizing the right oflabor to its just share in the fruits of production and the right of
enterprises to reasonablereturns to investments, and to expansion and growth.
Protection to labor.
The above declaration is broad enough to cover all kinds of protection to labor, local,
and overseas,organized and unorganized.It is common knowledge that many Filipino
workers abroad have been cheated and/ or subjected toabuse or maltreatment by
government personnel, labor recruiters, and foreign employers. Even

4disregarding the fact that their earnings account for a sizeable portion of our total
foreign exchange, It isthe duty of the government to extend protection to them.1.)

Right to one’s labor deemed property. –

The right to labor is constitutional as well as a statutoryright. Every man has a natural
right to the fruits of his own industry. A man who has beenemployed to undertake
certain labor and has put into it his time and effort is entitled to beprotected. The right of
a person to his labor is deemed to be a property within the meaning ofconstitutional
guarantees. That is his means of livelihood. He cannot be deprived of his labor orwork
without due process of law.2.)

Labor, a primary social economic force.

–
The constitutional policy of social justice has beenmade more real when it imposes
upon the State the duty to give protection to labor. Itrecognizes the basic fact that
human labor is not merely an article of commerce or a factor ofproduction to be similarly
treated as lands, tools, or machinery. It is a primary social economicforce by reason of
which the State is under obligation to give more concern to the protection ofthe rights of
workers and the promotion of their welfare vis-à-vis the non-human factors
ofproductions.
Promotion of full employment and equal work opportunities.
The right to full employment and equality of employment through equal work
opportunities isnot merely statutory but is elevated into a constitutional right.1.)

Creation of employment opportunities imperative.

–
Lack of employment is one cause of socialtension, individual level, unemployment lead
to distortion of personality and a life without colorand texture. It is a waste of manpower.
Social services in the field of employment are, therefore,imperative. They may partly
take the form of vocational guidance, personnel management,placement services, and
labor organization.Full employment will enable the citizens to lift their level of life and
thus, contribute their sharein the task of nation-building.2.)

State has duty to eliminate discriminatory practices.

–
 The State is mandated to adopt measuresto the end that all persons who are capable
of working may be provided with employment (notnecessarily by the Government) and
that job opportunities may be open to all
–
man or woman,citizen or alien, Christian or non-Christian. The Constitution takes into
account discriminatorypractices in both public and private employment relative wages
and employment still oftenbased on such factors as nationality, sex, kinship, or
other non-relevant factors.3.)

Useful labor essential to persona dignity and development.

–
By useful labor, man is enabled toacquire the materials goods necessary for his growth
and improvement. If work is denied him,he becomes dependent upon the charity of
others
–
a situation that is not conducive to self
—
respect or personal development. For this reason, it is an obligation of the government
to see,insofar as it is able with all the means at its disposal, that an economic
environment is createdwithin which the members of society may obtain employment
suitable to their capabilities.4.)

Duty of every citizen to engage in gainful work.

–
Everyone who can work and is willing to workshould be able to fins one commensurate
with his educational attainment, skills, or training and

5personal circumstances. But while the right is decent work of every citizen is
recognized, it is
also his duty to exert efforts “to engage in gainful work to assure himself and his family
a lifeworthy of human dignity”. Work is both a right and a duty on the part of ev
ery citizen.
Right of workers
In relations between workers and employers, the following rights shall be assured by the
State:1.)

Right to self-organization2.)

Right to collective bargaining3.)

Right to collective negotiation4.)

Right to peaceful and concerted activities including the right to strike5.)

Right to security of tenure6.)

Right to just and humane conditions of work7.)

Right to a living wage

Principle of shared responsibility.
Labor conflicts through strike and lockouts result in tremendous losses in terms of
interruptionof production, disrupt public peace and order, sometimes cause loss of life
and destruction of property,and effect adversely the economy of the nation as a whole.
There must be a well-balanced a.) duty ofmanagement and labor and; b.) duty of the
State.Methods for resolving labor disputes.1.)

Principal methods.
–
They are:a.)

Collective bargainingb.)
Arbitrationb.1) Voluntaryb.2) Compulsory2.) Supplementary methods.
–
These two methods are supplemented by the techniques ofconciliation and mediation
by a disinterested third party, usually an agency of the governmentconcerned with labor
disputes.a.) By the first, the third party, after hearing each side, assist the parties in
reaching an agreement.b.) By the second, the third party, after failure of negotiation and
studying the respective positionsof both sides, makes proposals or suggestions
designed to settle the dispute.
Reciprocal rights of labor and enterprises.
1.)

Rights of workers and employers under a wage system.a.

Wages for services and profits for risk-takingb.

Right to higher wage scalec.

Right to reasonable return on capitald.

Profit-sharing scheme2.) Reconciliation of their conflicting rights.

6
AGRARIAN AND NATURAL RESOURCES REFORM Section 4. The State shall, by
law, undertake an agrarian reform program founded on the rightof farmers and regular
farmworkers who are landless, to own directly or collectively the landsthey till or, in the
case of other farmworkers, to receive a just share of the fruits thereof. To thisend, the
State shall encourage and undertake the just distribution of all agricultural lands,subject
to such priorities and reasonable retention limits as the Congress may prescribe,
takinginto account ecological, developmental, or equity considerations, and subject to
the paymentof just compensation. In determining retention limits, the State shall respect
the right of smalllandowners. The State shall further provide incentives for voluntary
land-sharing.
1.

The foundation of Agrarian Land Reform.

-

The various aspects of Land Reform are discussed and, in separate provisions,
AgriculturalLand, Urban Land, and other Natural Resources (other lands of the public
domain) aresingled out for treatment as being all subject to the general sweep of
regulations governing
“Acquisition, ownership, use, and disposition.”

“
The right of farmers and regular farm workers, who are landless, to own directly
orcollectively the lands they till or, in the case of other farmer workers, to receive
a just
share of the fruits thereof.”

Commissioner Bacani saw no necessary and self-evident bond of ownershipbetween

the tiller and the exact same piece of land he tills. His own suggestion wasto found the
right of ownership upon the exigencies of the common good in theconcrete
circumstances of the nation.
o

Commissioner Villegas. He warned, that we cannot constitutionalize certainprovisions

which are requirements of the common good today which may not be
exigency of the common good in the year 2000”
o

The adjective “basic” was discarded. Commissioner Aquino put it thus: “the polar
star-when we expound the principle of land reform- is that the farmer has a right tothe
land he tills, but this is not an immutable right. His claim of ownership does
notautomatically pertain or correspond to the same land that he is actually andphysically
tilling.
-

Subjection to land reform does not depend on the form of ownership.

The laws on agrarian
reform simply speak of the “landowner” without qualification
as to under what title the landis held or what rights to the land the landowner may
exercise. There is no distinction made
whether the landowner holds “naked title” only or can exercise all the rights of
ownership.
P.D. No. 27 and R.A. No. 6657.

72.

Holders of the right to own land through agrarian land reform.

“
Farmers and re
gular farm workers, who are landless.”
The beneficiaries are classified intofarmers and farm workers.
o

Farmers are those who have a tenancy relationship with the landowners,
whichrelationship may be present or historical.

Commissioner Aquino. “basic principle of all land reform codes presently in effect” –

“that the tenancy relationship be abolished” Indeed, it might be true that there canbe a
“beneficial tenancy”

Farm workers are sub-

classified into “regular” and “other”.
This is recognition of thesubstantial differences in the situations of the various farm
workers. The right to claim thelands they till is recognized only in the regular farm
worker, and only the right to a just sharein the fruits of production is conceded to
the non-regulars.
-

The scope of ownership of an agrarian reform beneficiary can be made just to

limitations.
o

Congress has the right to limit the beneficiary’s right to sell, dispose, or even
mortgage the property.
o
Congress may also take measures to prevent fragmentation resulting inuneconomical or
unproductive size.
o

Even the rights of the beneficiary’s heirs can be effectively limited.

“E
conomic family-
size farm” as embodied in past land reform laws, notably R.A.
No.3844
-

Can the right of the farmers and farm worker be waived?

o

Commissioner Aquino: “the element of compulsion works against the landowner,

but not against the farmer or the intended beneficiary of the program. The right towaive
is not recognized when it amounts to a waiver in favor of another. Surely, wewill
recognize the freedom of choice pertaining to the worker, on whether or not he
is willing to assume the obligation.”

Commissioner Lerum: “my understanding is that the provision does not

contemplat
e a waiver but that the tenant may not want to exercise his right.”

The ownership by beneficiaries can be either individual or collective.

o

But does every kind of collective ownership satisfy the constitutional mandate?

Agrarian reform program is based on the right of farmers and regular farmworkers to
own the lands they till. Essentially a land-to-the-tiller program.

Collective ownership is mentioned by the Constitution, it is submitted thatonly that kind

of collective ownership which preserves control of the tillerover that land he tills satisfies
the constitutional mandate.

83.

Priorities and reasonable retention limits.

“All agricultural lands”

“Subject
to such priorities and reasonable retention limits as Congress may prescribe, taking
into account ecological, developmental or equity considerations.”
-

Priorities refer to various factors which can affect the pace and scope of
implementationand which can make implementation more manageable.
o

Big landholdings
o

Ill-gotten lands
o

Idle or abandoned lands

-

Priorities could also refer to crops or to the location of the land.

-

Retention Limits
o

Size of land an individual owner will be allowed to keep, whether he is a cultivator

or not, the general guideline is that these should be “reasonable.”

“Small landowners” jurisprudentially refers to “teachers, clerks, nurse and other

hardworking and frugal people who, in a lifetime of sacrifice, gathered their pitiful
littlesavings and purchased small farms to supplement the inadequate pension from the
Government Service Insurance System or the Social Security System.”

“Reference to small landowners does not necessarily mean that they should be owner
-
cultivators.”

Important Constitutional consideration in all this is that Congress is given discretion to

setpriorities and retention limits. The over-riding guideline for Congress is that flexible
concept
“reasonableness.”

If Congress sets neither priorities nor retention limits?

o

It should be noted that the mandate to implement an agrarian land reform programis
addressed to the State
–
an entity larger than Congress. And the parameters foran agrarian land reform are set
down in the Constitution for the State to flow. Thus,absent priorities and retention limits
set by Congress, but provided that the moneyhas been appropriated for a program, the
executive department can proceed withimplementation either in cooperation with
landowners voluntarily participating inthe program or through judicial expropriation.

9
-
Lands not devoted to agricultural activity are outside the coverage of
ComprehensiveAgrarian Reform Law (CARL). These include lands previously converted
to non-agriculturaluses prior to the effectively of CARL by government agencies other
than respondent DAR.
-

Agricultural Lands are only those lands which are “arable and suitable agricultural
lands”And “do not include commercial, industrial and residential lands.”

CARP statute also requires a notice of coverage to be furnished and sent to the
landowner.
o

Notice is part of the constitutional right to due process of law.

It informs the landowner of the State’s intention to acquire a private land

upon payment of just compensation and gives him the opportunity topresent evidence
that his landholding is not covered or is otherwise excusedfrom the agrarian law.

However, one who claims to be landowner is such in virtue of a void salewhich was
entered into to avoid expropriation; notice to the real owner
satisfies the law’s requirement.

4.

Just Compensation
-

The agrarian reform program mandated by the Constitution is not a land

confiscationprogram. The government acquisition of land, whether voluntary or forced,
for distributionto agrarian reform beneficiaries, there is need to compensate landowners
justly.
-

“Just Compensation” is a concept that has become the subject of extensive

jurisprudence
under the Bill of Rights. Measurement devised by President Marcos in Presidential
DecreeNo. 76, the measure of just compensation is the assessed value of the land or
the valuedeclared by the owner in his tax-declaration, whichever is lower.
-

R.A. No. 3844: the just compensation depends on the farmer’s ability to pay and not on
the
standard of fair market value.
-

Just Compensation clearly applies in agrarian reform. Sec. 4, Art. XIII of the 1987
Constitution mandates that the redistribution of agricultural lands shall be “subject to
thepayment of just compensation.” The landowners right to just compensation should be
balanced with agrarian reform. It is the duty of the court to protect the weak and
theunderprivileged, but this duty should not be carried out to such an extent as to deny
justiceto the landowner whenever truth and justice happen to be on his side.

10
-
The concept of just compensation, embraces not only the correct determination of
theamount to be paid to the owners of the land, but also payment within a reasonable
timefrom its taking.
o

Without prompt payment, compensation cannot be considered “JUST” inasmuch as

the property owner is made to suffer the consequences of being immediatelydeprived of
his land while being made to wait for a decade or more before actuallyreceiving the
compensation.
o

While prompt payment of just compensation requires the immediate deposit andrelease
to the landowner of the provisional compensation as determined by theDAR. It also
encompasses the payment in full of the just compensation to thelandholders as finally
determined by the courts.
5.

Voluntary Land Sharing

-

The state must offer incentives such, for instance, as tax incentives. However, in no
wayshould voluntary land sharing be allowed to become a mode of circumventing
agrarianreform.6.

The Comprehensive Agrarian Reform Law: R.A. No 6657

Implements the agrarian reform provisions of the constitution. Some of its key
provisionswere immediately challenged as an unconstitutional form of expropriation of
private lands.
o

The taking of private lands for redistribution is an exercise of the power of eminent
domain revolutionary in character in that it “affects all private agricult
ural landswherever found and of whatever kind as long as they are in excess of the
maximumretention limits allowed their owners.

This kind of expropriation is intended for the benefit not only of particularcommunity or
of a small segment of the population but of the entire FilipinoNation, from all levels of
our society, from the impoverished farmer to theland-glutted owner.
o

The discretion to determine which lands to take for early distribution is somethingthat is
given to the wisdom of the Congress.

11
Section 5. The State shall recognize the right of farmers, farmworkers, and landowners,
as wellas cooperatives, and other independent farmers' organizations to participate in
the planning,organization, and management of the program, and shall provide support
to agriculturethrough appropriate technology and research, and adequate financial,
production, marketing,and other support services.
The right to participate in the management of program, more than just the right to be
consulted, in theplanning, organization, and management of an agrarian reform should
be emphasized.Beyond redistribution of land, the State must ensure that redistributed
land will be efficiently beneficialfor all concerned.
Section 6. The State shall apply the principles of agrarian reform or stewardship,
wheneverapplicable in accordance with law, in the disposition or utilization of other
natural resources,including lands of the public domain under lease or concession
suitable to agriculture, subjectto prior rights, homestead rights of small settlers, and the
rights of indigenous communities totheir ancestral lands. The State may resettle
landless farmers and farmworkers in its own agricultural estates whichshall be
distributed to them in the manner provided by law.
1.

Agrarian Reform and Natural Resources

-

This section extends the principles of agrarian reform to the disposition of other
naturalresources.
-

At the
heart of agrarian reform is the principle capsulated in the phrase “land to the tiller.”

This must be applied, mutatis mutandis, to the utilization of natural resources. Thus
one may speak of “natural resources reform.”

Nations Principal natural resource is land of, two basic kinds: alienable andunalienable.
o

Section 6 refers to utilization of lands of the public domain.

Commissioner Monsod: in the case of other natural resources, forestry ormining, the
intent of this provision is merely to say that in applying theprinciple of agrarian reform,
the chief beneficiaries should be the people inthe area.

The people may be entrusted with the land but these lands need not begiven to them by
title. It can be the same kind of concession or rights thatare now given under the law.

12
o

Stewardship

Commissioner Romulo: “the individual would have free use or free

occupancy but he would not be given a legal title to the land. That is what
we call in law of usufructuary.”

Commissioner Nieva added: “the State shall be g

ive them all the supportand assistance that they would need to be successful in their
utilization of
these natural resources.”

Briefly Section 6 goes back to the scope of land reform.

Commissioner Tadeo always had recourse to the broad definition of lands

articulated by Dr. Mahar Mangahas: “In principle, the term ‘lands’ would
include all forms of natural resources, including mineral, forests and waterresources,
whether public or private, whether titled or untitled, whetherpresently controlled by
Filipinos or non-Filipinos, over which there is social
conflict induced by an unjust distribution.”

The second paragraph of Section 6 owes its existence to the advocacy of

Commissioner Ople
“that resettlement in the government’s agricultural estates was the preeminent form of
agrarian reform under the Magsaysay Administration and was used in other nations as
well.
o

Farmers and Farm workers are not to be considered as agricultural employees of

thestate, but rather as resettlers and eventual owner of the land once these estates
aredissolved.
o

Farm workers, includes laid-off industrial workers who might want to return to
theprovinces and engage in farming.
Section 7. The State shall protect the rights of subsistence fishermen, especially of
localcommunities, to the preferential use of the communal marine and fishing resources,
bothinland and offshore. It shall provide support to such fishermen through appropriate
technologyand research, adequate financial, production, and marketing assistance, and
other services.The State shall also protect, develop, and conserve such resources. The
protection shall extendto offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkersshall receive a just share from their labor in the utilization
of marine and fishing resources.
According to Fr. Bernas, this is a first in Philippine constitution-making as this section
makes specificreference to the rights of small fishermen; understandably so
as the country’s archipelagic nature and
apparent challenges to reach far-flung areas of the country have put these small
fishermen in the centerof livelihood in these areas.

13Fr. Bernas also stated that the provision was formulated and sponsored principally
against thebackground of problems created by the privatization of large portions of the
Laguna de Bay area and theproblem of foreign fishing vessels allowed by treaty to
conduct trawl fishing within seven kilometresfrom the Philippine shores, both of which
effective deprive subsistence fishermen of their livelihood.This is the reason why
government authorities like the Laguna Lake Development Authority, etc.
wasestablished
–
to educate fishermen into forming cooperatives for their betterment.A perusal of the
records upon the drafting of the Constitution sheds light that the right given
tosubsistence fishermen is preferential but not exclusive use of communal marine
fishing resources, bothinland and offshore. An attempt to have the entire marine and
fishing resources communal, however,municipal fishing grounds are considered
propios
of the municipality, thus they exercise theirproprietary rights over these fishing grounds.
Also excluded from such provision are fishponds outside oflakes and rivers as these
are considered private.This section also specifies protection against foreign intrusion in
offshore fishing grounds, which should
be read in conjunction with Article XII, Section 2, whose second paragraph reads: “The
State shallprotect the nation’s marine wealth in its archipel
agic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to Filipino citizens.”
Lastly, fish workers are also assured the right to a just share from their labor in the use
of marine andfishing resources, which admittedly, are not anywhere classified by
existing labor laws as sponsored byCommissioner Delos Reyes. Their remuneration is
then in the form of a share in the catch such that ifthere is no catch, they earn nothing.
Section 8. The State shall provide incentives to landowners to invest the proceeds of
theagrarian reform program to promote industrialization, employment creation, and
privatizationof public sector enterprises. Financial instruments used as payment for their
lands shall behonored as equity in enterprises of their choice.
Bernas starts of his commentary stating that Article XII, Section 1 dictates the need to
establish adynamic relationship between agricultural development and industrialization.
This section sees agrarianreform as a unique instrument for releasing capital locked up
in land for use in industrialization andeconomic development. This is why the
government must create an atmosphere favourable toinvestment such as:a.

Providing landowners with incentives to investmentb.

Placing usable capital in the hands of landowners subjected to agrarian reform

14Reeling from the memory of the Land Bank bonds used in the agrarian reform
program of Marcos, thelast sentence places a constitutional guarantee on both the
value and negotiability of government bondswith the government and government
financial institutions.
URBAN LAND REFORM AND HOUSING Section 9. The State shall, by law, and for the
common good, undertake, in cooperation withthe private sector, a continuing program of
urban land reform and housing which will makeavailable at affordable cost, decent
housing and basic services to under-privileged andhomeless citizens in urban centers
and resettlement areas. It shall also promote adequateemployment opportunities to
such citizens. In the implementation of such program the Stateshall respect the rights of
small property owners.
1.

Program of Urban Land Reform and Housing.

-

Commissioner Nieva: “We are an ill

-housed nation with a high percentage of our urban
population estimated at five million squatters living in subhuman conditions.”

Commissioner Villegas added: “housing programs in the country address different kinds
ofmarkets.”
o

Open market housing program is addressed to those of the higher income sectorwho
can afford to choose the kind of houses they want.
o

Economic market housing program addresses the lower income bracket that are
insearch of affordable housing.
o

Social housing program addresses those who cannot afford even low cost housingand
therefore need some form of subsidy.
-

The objects of concern of this Section are not just the underprivileged in general but the
“underprivileged and homeless” because there are underprivileged people who enjoy
inherited homes.
-

Urban land reform and housing are to be undertaken “in cooperation with the
privatesector.” What is needed is not

just regulation of “urban land use” but urban land “reform”

Important elements of the program therefore should be “basic services” and

adequateemployment opportunities.”
o

The use of word “basic” is deliberately chosen as a signal that the program does n
otcall for unnecessary amenities.

15-
Section 9 adds the final caution: “In the implementation of such program the State
shallrespect the rights of small property owners.”

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling
demolished,except in accordance with law and in a just and humane manner. No
resettlement of urban or rural dwellers shall be undertaken without adequate
consultationwith them and the communities where they are to be relocated.
The phrase “urban or rural poor dwellers” refers principally to the squatters. The intent
of the provision
is to prevent the recurrence of past abuses when law enforcement agents would move
in, bulldozedwellings, and even inflict violence on persons.The protection given by the
provision extends to both those who have valid claims to stay on the land
and to those who do not. But evictions there must be, these must be conducted “in
accordance with lawand in just a humane manner.” Due process must be obser
ved. But due process does not necessarily
mean judicial due process. In every case the law must be carried out “in a just and
humane manner.”
Even violators of the law are entitled to humane treatment.The second paragraph
commands that every relocation process must be preceded by consultation withthe
dwellers to be relocated and also with the communities where they are to be relocated.
This,however, does not mean that the validity or legality of the demolition or eviction is
hinged on theexistence of a resettlement area designated or earmarked by the
government. Rather, it means that theperson to be evicted be accorded due process or
an opportunity to controvert the allegation that his orher occupation or possession of the
property involved is unlawful or against the will of the landowner;that should the illegal
or unlawful occupation be proven, the occupant be sufficiently notified beforeactual
eviction or demolition is done; and there be no loss of lives, physical injuries or
unnecessary lossor damage to properties. (Bernas)

16
HEALTH Section 11. The State shall adopt an integrated and comprehensive approach
to healthdevelopment which shall endeavor to make essential goods, health and other
social servicesavailable to all the people at affordable cost. There shall be priority for
the needs of the
under- privileged, sick, elderly, disabled, women, and children. The State shall endeavor
to provide free medical care to paupers.
Sections 11, 12, and 13 have to be taken in conjunction with each other. As seen under
Article II, Section15, the State recognizes the right to health as we are party to the
Universal Declaration of Human Rightsand the Alma Conference Declaration of 1978.
Health is defined as the state of complete physical,mental and social well-being, and not
merely the absence of disease or infirmity.
“Integrated and comprehensive” and “affordable” are the operative words in of these
provisions, thus
Congress endeavours to continually improve and pass legislation to address this
provision. Thus, the
passing of the Cheaper Medicines Bill showed the State’s resolution to ensure that its
citizens receive
affordable medicines.
Section 12. The State shall establish and maintain an effective food and drug regulatory
systemand undertake appropriate health, manpower development, and research,
responsive to thecountry's health needs and problems.
Health is essential to the exercise of other rights. We are not to say that in our country,
if you are poorand you get sick, you die, because of the high cost of medicines and
hospitalization. Aside from thequestion of ethics or of moral obligation, our
country’s leaders must recognize the political impact ofpoverty and public health issues.
A country that has no healthcare system is a “vulnerable anddestabilized country.”
Mental health is crucial dimension of overall health. Just as we care for our
physical health, we must endeavor to maintain and improve our mental health, as well
as that of ourfamilies.
Protection and promotion of the right to health.
1.) Importance of health.
–
Health is a pre requisite to happiness and well-being. It affects socio-economic factors
notably income, levels of living, and in particular, nutrition. Health and education are
closely interdependent. A child’s ability to take full advantage of the schooling provided
he depends on
his health, and the adult’s ability to use t
he knowledge and skills he has acquired depends on his mentaland physical fitness.

17Health is intimately enmeshed with national development. By ensuring the health of

our people, ourhuman resources will be made productive and available in the service of
our country.2.) Duty of the State.
–
It is mandatory duty of the State to protect and promote the right to health ofevery
Filipino by making quality and adequate health care available and accessible to
everybody,especially the poor and the disadvantaged. In the fulfillment of this duty, the
Stat shall:a.) Adopt in integrated and comprehensive approach to health development
that will make essentialgoods, health services and other social services available to all
the people at affordable cost, givingpriority for the needs of the underprivileged sick,
disabled, woman and children;b.) Endeavor to provide free medical care to paupers or
the poor;c.) Establish and maintain an effective food and drug regulatory system;d.)
Undertake appropriate health manpower development and research responsive to the
coun
try’s
health needs and problems; ande.) Establish a special body for disabled persons for
their rehabilitation, self-development and self-reliance and their integration to the
mainstream of society.3.) An integral and comprehensive approach to health
development.
–

The phrase “integrated andcomprehensive approach to health development” implies

that the State must exert efforts to unify the
national health care delivery systems
–
all government instrumentalities and personnel concerned withhealth and the private
sector which includes hospitals. Private practitioners, medical association, etc.,and even
private business
–
to make medical services available through our country.4.) An effective food and drug
regulatory system.
–
The third constitutional mandate seeks to rationalizethe law on food and drugs to
protect the public from harmful and useless but costly food and drugs. Itshall be the duty
of the State to adopt measures and policies that would eliminate harmful and
uselessmedicines, increase domestic production of essential drugs, encourage locally
applied drug research,and institute effective drug quality control supply and delivery
systems as well as program frodissemination of drug information to educate the people
on the rational use of drugs.5.) A special agency for disabled persons.
–
 The body to be created by the State for disabled personsshall coordinate and supervise
all existing governmental and non-governmental agencies concernedwith the
rehabilitation and education of these persons. Its principal duty shall be to help
physically andmentally disabled individuals become responsible and useful members of
our society. For nothing can bemore demeaning and more hurtful to the dignity of a
human being than having to beg his subsistenceand becoming totally dependent on
others.

18
Section 13. The State shall establish a special agency for disabled person for
theirrehabilitation, self-development, and self-reliance, and their integration into the
mainstreamof society.
A law was passed to give credence to this provision which entitled as
REPUBLIC ACT NO. 7277- AN ACTPROVIDING FOR THE REHABILITATION, SELF-
DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR
INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER
PURPOSES or "MagnaCarta for Disabled Person".
The duty of the State is also to protect and to guide those persons who havedisabilities.
These persons, though not the same as the normal person also has contribution in
ourcountry, some actually give us honor. Their disabilities do not bar them to give and
share their otherabilities. The same as those indicated in the preceding article, right to
health and other benefits shall beenjoyed by all. The State may establish agencies that
will give assistance to the need and other concernsof disabled. These concepts also
include those who have no source of livelihood or those who live ahand-to-mouth
existence (Bernas).
WOMEN Section 14. The State shall protect working women by providing safe and
healthful workingconditions, taking into account their maternal functions, and such
facilities and opportunitiesthat will enhance their welfare and enable them to realize their
full potential in the service ofthe nation.
This section implicitly acknowledges that between women and men, there are
distinctions which make
for real differences. Thus, the DOLE’s Bureau of Working Conditions aims to ensure
that workplaces
provide areas for breastfeeding, Magna Carta for Women, Single Parent Act etc. are
targeted towardsworking women.

19
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS Section 15. The State shall
respect the role of independent people's organizations to enable the people to pursue
and protect, within the democratic framework, their legitimate and collectiveinterests
and aspirations through peaceful and lawful means. People's organizations are bona
fide associations of citizens with demonstrated capacity to promote the public interest
and with identifiable leadership, membership, and structure.
This section talks about the function/position or responsibility of a person who belongs
to a certaingroup wherein they are safe secured and free or they are self-governed in
terms of legal and justifiablerights or privileges in reaching their objectives or goals
through diplomatic and legal ways and means.The State must ensure that peopl
e’s rights protected not only from public but also from private
interference. The duty of the state must maintain the freedom wherein it talks about the
process ofinteraction of individuals and groups with the environment when the society is
changing or a personmakes some changes so that there appear more opportunities of
choice and realization of importantpurposes and values. There is also the presence of
liberty of movement that has indispensable conditionfor the free development of a
person and interacts with several other rights enshrined with goodcovenant and to be
permissible, restrictions must be provided by law, must be necessary in ademocratic
society for the protection of these purposes and must be consistent with all other rights.
Section 16. The right of the people and their organizations to effective and
reasonable participation at all levels of social, political, and economic decision-
making shall not beabridged. The State shall, by law, facilitate the establishment of
adequate consultationmechanisms.
Role and right of people’s organizations.

In a democratic and republican State, sovereignty resides in the people and all the
government authorityemanates from them.1.)

Birth of “people power.” –

The recent historic events in our country which saw the installation
of a new government “through the direct exercise of the power of the Filipino people”
have
given concrete expression for exercising popular sovereignty emerged.
–

“People power”.
Cause-
oriented groups or people’s organizations, w
hich proliferated during a former regime
pressing for reforms, paved the way for the birth of “people power.”

202.)

Responsiveness of the government to people’s needs and

well-being.
–
They continue tocompete in articulating the interests and aspirations of the people
particularly various sectorsthey represents. This is beneficial to both the people and the
government. For it is quite truethat a government that listens to the voice of the people
and considers their views andsentiments in the decisions-making process is an effective
and stable government because itbecomes responsive to their needs and well-
being. Thus, people’s organizations help to make
the government one truly based on the consent of the governed.
Obligations imposed on the State.
In recog
nition of the important role of the people’s organizations in reflecting the popular willand
as “catalyst of change”, the Constitution mandates the State to listen to the citizen and
their
organizations, more specifically:1.)

To respect the role of independe

nt people’s organizations to enable the people to pursue and
protect, within the democratic framework, their legitimate and collective interests
andaspirations though peaceful and lawful means.2.)

Not to abridge the right of the people and their organizations to effective and
reasonableparticipation at all levels of social, political and economic decision-making3.)

By law, to facilitate the establishment of adequate consultation mechanisms between

thepeople and the government.The Constitution defined what the
people’s organizations are
. Aliens cannot be members of suchorganizations because the rights given are political
in nature.

21
HUMAN RIGHTS Section 17. (1) There is hereby created an independent office called the
Commission on HumanRights. (2) The Commission shall be composed of a Chairman
and four Members who must be natural-born citizens of the Philippines and a majority of
whom shall be members of the Bar. The termof office and other qualifications and
disabilities of the Members of the Commission shall be provided by law. (3) Until this
Commission is constituted, the existing Presidential Committee on Human Rightsshall
continue to exercise its present functions and powers. (4) The approved annual
appropriations of the Commission shall be automatically and regularlyreleased.
Composition of the independent office called the Commission on Human Rights:a.
Chairmanb. 4 MembersQualifications:a. Natural-born citizens of the Philippinesb.
Majority must be members of the Barc. Other qualifications and disabilities as provided
by lawTerm of office: shall be provided by law- Until this Commission is constituted, the
existing Presidential Committee on Human Rights shallcontinue to exercise its present
functions and powers.
Powers and Functions
The Commission on Human Rights shall have the following powers and functions:(1)
Investigate
, on its own, or on complaint by any party, all forms of human rights violations
involvingcivil and political rights;(2)
Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereofin

accordance with the Rules of Court;

(3) Provide appropriate legal measures for the

protection of human rights
of all persons within thePhilippines, as

well as Filipinos residing abroad, and provide for

preventive measures and legal aidservices to the

under-privileged whose human rights have been

violated or need protection;

(4) Exercise
visitorial powers
over jails, prisons, or detention facilities;(5) Establish a
continuing program of research, education, and information
to enhance respect for theprimacy of

human rights;

(6)
Recommend to Congress effective measures
to promote human rights and to provide forcompensation to victims of violations of
human rights, or their families;(7) Monitor the Philippine Government's
compliance with international treaty obligations on humanrights;

22(8)
Grant immunity from prosecution
to any person whose testimony or whose possession of documentsor other evidence is
necessary or convenient to determine the truth in any investigation conducted by itor
under its authority;(9)
Request the assistance of any department
, bureau, office, or agency in the performance of itsfunctions;(10)
Appoint its officers and employees
in accordance with law; and(11)
Perform such other duties and functions
as may be provided by law.
Section 18. The Commission on Human Rights shall have the following powers and
functions: (1) Investigate, on its own or on complaint by any party, all forms of human
rights violationsinvolving civil and political rights; (2) Adopt its operational guidelines and
rules of procedure, and cite for contempt for violationsthereof in accordance with the
Rules of Court; (3) Provide appropriate legal measures for the protection of human
rights of all persons withinthe Philippines, as well as Filipinos residing abroad, and
provide for preventive measures andlegal aid services to the under-privileged whose
human rights have been violated or need protection; (4) Exercise visitorial powers over
jails, prisons, or detention facilities; (5) Establish a continuing program of research,
education, and information to enhance respect for the primacy of human rights; (6)
Recommend to Congress effective measures to promote human rights and to provide
forcompensation to victims of violations of human rights, or their families; (7) Monitor the
Philippine Government's compliance with international treaty obligations onhuman
rights; (8) Grant immunity from prosecution to any person whose testimony or whose
possession ofdocuments or other evidence is necessary or convenient to determine the
truth in anyinvestigation conducted by it or under its authority; (9) Request the
assistance of any department, bureau, office, or agency in the performance ofits
functions; (10) Appoint its officers and employees in accordance with law; and(11)
Perform such other duties and functions as may be provided by law.

23Only the first of the enumerated powers and functions bears any resemblance to
adjudication oradjudgment. The Constitution clearly and categorically grants to the
Commission the power to
investigate all forms of human rights violations involving civil

and political rights

.
But it cannot try anddecide cases or

hear and determine causes as courts of justice, or even

quasi-judicial bodies do.

Toinvestigate is not to adjudicate or adjudge. Whether in the popular or the technical
sense, these termshave well understood and quite distinct meanings.
[
Cariño v. CHR (1991)
]
Section 19. The Congress may provide for other cases of violations of human rights that
should fall within the authority of the Commission, taking into account its
recommendations.
The Commission on Human Rights was created which concerns are the matters
affecting human rightsand its function is limited only on investigation, it cannot issue any
writ or subpoena to any offender.
The Department of Justice which has full control to prosecute such issues. “The most
that may be
conceded to the Commission in the way of adjudicative power is that it may investigate,
i.e., receiveevidence and make findings of facts as regards claimed human rights
violations involving civil andpolitical rights. The proposition is made clear by the
constitutional provision specifying the powers of
the Commission on Human Rights” (
Cariño v CHR
).