Subject: Constitutional Law 1

Section: M6
Date: July 6, 2011 (Monday-6:00-9:00)

Group 5 [Article 2 (Sec 26-28)]

Article II, Sec. 26:

The State shall guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law.
*The thrust of this provision is to impose on the state the obligation of guaranteeing
equal access to public office, with a goal of democratizing political power.
1. Limitation of terms of office- the provisions limiting the terms of office of elective
officials enhance equal access to political opportunities although they may not
completely do away with political dynasties. The establishment of political dynasties
became an effective way of monopolizing and perpetuating power.
2. Political dynasties- due to the danger of political dynasties, there is a declaration
in the provision expressly prohibiting the same. However, the argument that the
electorate should be left free to decide whom to choose is not without validity. Partly
for that reason, the meaning of political dynasties has been left for Congress to
define. Note that the State is expressly mandated to prohibit political dynasties,
but since Congress is the principal playground of political dynasties, the realization
of this dream of widening access to political opportunities would be probably
difficult if not impossible.
Article II, Sec. 27:
The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
*In the Philippines, there has been a perennial problem of graft and corruption.
Actually, in this provision, there has been a constitutional confession of the
prevalence of the problem in the country.
1. Honesty and Integrity- The concept of honesty and integrity in the public service
is actually given teeth and elaborated on Article XI (Accountability of Public Officers)
of the Constitution1. In addition, in the Civil Code of the Philippines, Article 19,
states that every person must, in the exercise of his right and in the performance
of his duties, act with justice, give everyone his due and observe honesty and good
faith. This further discourages dishonesty in public service. Moreover, in Chapter IV
of the Local Government Code (RA 7160), it states the grounds of disciplinary action
1 Section 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest lives.Section 2. The President,
The Vice President XXX may be removed from office, on impeachment for and conviction of
culpable violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other public officers and employees may be removed
from office as provided by law, but not by impeachment.

Subject: Constitutional Law 1

Section: M6
Date: July 6, 2011 (Monday-6:00-9:00)

Group 5 [Article 2 (Sec 26-28)]

of public officials, which includes: (c) Dishonesty, oppression, misconduct in office,

gross negligence or dereliction of duty.

Article II, Sec. 28:

Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
*The policy of full public disclosure enunciated in Section 28 complements the right
of access to information on matters of public concern found in the Bill of Rights 2.
The right to information guarantees the right of the people to demand information
and recognizes the duty of officialdom to give information even if nobody demands.
The provision, however, is not self-executory. 3
1. Transactions covered- The policy covers all State transactions involving public
interest, i.e. transactions which the people have a right to now particularly those
expenditures involving public funds. The law however, may prescribe reasonable
conditions for the disclosure to guard against improper or unjustified exercise of the
right to information. The policy will not apply to records involving the security of the
State or which are confidential in character. This provision is in line with the
constitutional mandate of an open, accountable and transparent government.
(Article VI, Sec 12, 16[4]; Art VII, Sec, 12; Art IX, D-Sec. 4; Art. XI, Sec. 1.)

2 Section 7 of the Bill of Rights (Art. III) guarantees the peoples right of information
on matters of public concern and access to records pertaining to official transaction
of the government.
3 Bernas, Joaquin. 2009. The 1987 Constitution of the Republic of the Philippines: A
Commentary. Quezon City. Rex Printing Company