Posts

Showing posts with the label not self executing principles

BFAR vs COA GR No. 169815, August 13, 2008, 562 SCRA 134

 The social justice provisions of the Constitution are not self executing principles ready for enforcement through courts. They are merely statements of principles and policies. To give them effect, legislative enactment is required.  Bureau of Fisheries and Aquatic Resources (BFAR) Employees Union, Regional Office No. VII, Cebu City v. Commission on Audit   Date of Promulgation : August 13, 2008 Petition : Review on certiorari of the decision and resolution of the Commission on Audit-Legal and Adjudication Office Plaintiff and appellee : BFAR Employees Union, Regional Office No. VII Defendant and appellants : Commission on Audit   Facts : ·        BFAR Employees Union issued Resolution No. 01 requesting the BFAR Central Office for a Food Basket allowance to alleviate “high cost of living”. ·        Cesar M. Drilon, Jr., Undersecretary for Fisheries and Livestock of the Department of Agricu...

Magallona vs. Ermita G.R No. 187167 August 16, 2011

The SC has made it clear that most of its provisions are to be considered as mere legislative guides, which absent enabling legislation do not embody enforceable constitutional rights. Magallona v. Ermita G.R No. 187167 August 16, 2011 CARPIO,  J.: Facts: Congress passed RA 3046 in 1961 demarcating the maritime baselines of the Philippines as an archipelagic State. This is pursuant to the framing of the Convention on the Territorial Sea and the Contiguous Zone in 1958 UNCLOS I and UNCLOS II. RA 5446 was passed to correct the typo errors under RA 3046 and included reserving the drawing of baselines around Sabah in North Borneo. In March 2009, Congress amended RA 3046 by enacting RA 9522, to make RA 3046 compliant with the terms of the UNCLOS III, which the Philippines ratified. The requirements complied with are: to shorten one baseline, to optimize the location of some basepoints and classify the Kalayaan Island Group (KIG) and Scarborough Shoal as ‘regime of islands’. P...