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Article II
Declares that the Philippines is a republican state and that sovereignty is vested in the people. The Philippine government shall defend the State but renounces war as an instrument of national policy. Likewise, the government shall support parents in educating the youth for good citizenship and promote social justice for the well-being and economic security of the people.

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Commission on election

Petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy for President on December 17, 2003. Respondent Commission on Elections (COMELEC) refused to give due course to petitioner’s Certificate of Candidacy in its Resolution No. 6558 dated January 17, 2004. The decision, however, was not unanimous since Commissioners Luzviminda G. Tancangco and Mehol K. Sadain voted to include petitioner as they believed he had parties or movements to back up his candidacy. On January 15, 2004, petitioner moved for reconsideration of Resolution No. 6558. Petitioner’s Motion for Reconsideration was docketed as SPP (MP) No. 04-001. The COMELEC, acting on petitioner’s Motion for Reconsideration and on similar motions filed by other aspirants for national elective positions, denied the same under the aegis of Omnibus Resolution No. 6604 dated February 11, 2004. The COMELEC declared petitioner and thirty-five (35) others nuisance candidates who could not wage a nationwide campaign and/or are not nominated by a political party or are not supported by a registered political party with a national constituency. Commissioner Sadain maintained his vote for petitioner. By then, Commissioner Tancangco had retired.cralawIn this Petition For Writ of Certiorari, petitioner seeks to reverse the resolutions which were allegedly rendered in violation of his right to "equal access to opportunities for public service" under Section 26, Article II of the 1987 Constitution, by limiting the number of qualified candidates only to those who can afford to wage a nationwide campaign and/or are nominated by political parties. In so doing, petitioner argues that the COMELEC indirectly amended the constitutional provisions on the electoral process and limited the power of the sovereign people to choose their leaders. The COMELEC supposedly erred in disqualifying him since he is the most qualified among all the presidential candidates, i.e., he possesses all the constitutional and legal qualifications for the office of the president, he is capable of waging a national campaign since he has numerous national organizations under his leadership, he also has the capacity to wage an international campaign since he has practiced law in other countries, and he has a platform of government. Petitioner likewise attacks the validity of the form for the Certificate of Candidacy prepared by the COMELEC. Petitioner claims that the form does not provide clear and reasonable guidelines for determining the qualifications of candidates since it does not ask for the candidate’s bio-data and his program of government. First, the constitutional and legal dimensions involved.cralawImplicit in the petitioner’s invocation of the constitutional provision ensuring "equal access to opportunities for public office" is the claim that there is a constitutional right to run for or hold public office and, particularly in his case, to seek the presidency. There is none. What is recognized is merely a privilege subject to limitations imposed by law. Section 26, Article II of the Constitution neither bestows such a right nor elevates the privilege to the level of an enforceable right. There is nothing in the plain language of the provision which suggests such a thrust or justifies an interpretation of the sort.cralaw
The "equal access" provision is a subsumed part of Article II of the Constitution, entitled "Declaration of Principles and State Policies." The provisions under the Article are generally considered not self-executing, and there is no plausible reason for according a different treatment to the "equal access" provision. Like the rest of the policies enumerated in Article II, the provision does not contain any judicially enforceable constitutional right but merely specifies a guideline for legislative or executive action. The disregard of the provision does not give rise to any cause of action before the courts.

Article I
States the extent of the national territory of the Philippines. Presented in general terms, this article mentions the treaties concluded between the United States and Spain and that of Great Britain as reference for the boundaries of the Philippine Territory. The Philippine territory also include all other territories which the Philippines exercises jurisdiction as part of the national territory.

Case study
An outline of Sabah From the time it was acquired by the Sultan of Sulu from the Sultan of Brunei up to 24 April 1962 when it was formally ceded and transferred to the Republic of the Philippines under the title of sovereignty, the Sultanate of Sulu had continuously been the rightful sovereign of the portion North Borneo known as Sabah.
In the course of internal armed conflict in the Sultanate of Brunei referred by some historians as “civil war,” lasting for more than 10 years, the Sultan of Brunei requested the assistance of the Sultan of Sulu, with the promise that in the event of victory he would grant him the territories in North Borneo under his dominion. Following the victory of Sultan Muaddin of Brunei, with the armed intervention of the Sultan of Sulu, accordingly he ceded Sabah to the Sultan of Sulu in 1704.
By the Declaration of 24 April 1962 issued by the Heirs of the Sultan of Sulu, the territory of Sabah as thus required by cession from the Sultan of Brunei was ceded and transferred in sovereignty to the Republic of the Philippines. The Declaration was entitled “Recognition and Authority in Favour of the Republic of the Philippines.”

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