CONSTITUTIONAL LAW 1 which all persons including the
higher officials of the land must
Layla-Tal Medina
2007-67099-1
Preliminary Considerations-Concept
of State
POLITICAL LAW – is the branch of
public law which deals with the
organization and operations of the
governmental organs of the State
and defines the relations of the State
with the inhabitants of its territory.1
What is constitutional law?
Is that branch of political law which
fixes the organization of government,
determines the competence of the
administrative authorities who
execute the law and indicates to the
individual, remedies for the violation
of his rights.
What is a Constitution?
1. A Constitution is the fundamental
organic law of a State which contains
the principles on which the
government is founded and regulates
the division and exercise of
sovereign powers.
2. A body of rules and maxims in
accordance with which the
powers
of sovereignty are habitually
exercised. 1. People- the inhabitants of the state;
THE SUPREMACY OF THE
CONSTITUTION
The Constitution is the most basic
and most paramount law to which all
other laws must conform and to
defer. No act shall be valid however
noble its intentions if it is in conflict
with the Constitution. The
Constitution must reign supreme.
Concept of State
--A community of persons, more or
less numerous, permanently
occupying a fixed territory and
possessed of an independent
government organised for political
ends to which the great body of
inhabitants render habitual
obedience.
State, as distinguished from
nation
1 Philippine Political Law,
Isagani Cruz, p.1
The state pertains to a legal
concept, while the nation refers
to a racial or
ethnic concept.
…as distinguished from
government
The government is only an element
of the state. The government is an
agent, and the State is the principal.
The government externalizes the will
of the State.
THE ELEMENTS OF THE STATE
their number must not be too small
as not to be able to defend
themselves, and not too great as
they would be difficult to administer.
They must be also of both sexes so
they could also be able to perpetuate
 themselves. The people may
develop and share certain
characteristics such as a common
language, religion, and a set of
customs and traditions that will unite
them into a more closely knit entity
known as the nation.
2. Territory-fixed portion of the surface of
the earth, inhabited by the people of
the state. The territory must not be
too small as to be unable to provide
for the needs of the people; nor
should it be too large as to be difficult
to administer. The territory can
extend to over a vast expanse, like
China or Russia, or be as small as
Abu Dhabi.
COMPONENTS OF TERRITORY
a. terrestrial domain-the land mass
b. maritime or fluvial domain-inland
and external waters
c. aerial domain- the air space above
the land and water.
3. Government- is…
a. the agency or instrumentality
through which the will of the
state is
formulated, expressed and
realised.
b. the institution or aggregate of
institutions by which an independent
society makes and carries out those
rules of action which are necessary
to enable men to live in a social
State, or which are imposed upon
the people forming that society by
those who possess the power or
authority of prescribing them.
FUNCTIONS
The government performs two
functions—the constituent and
the
ministrant.
1
1. Constituent-constitute the bonds of
society. Constituent functions consist
of fixing of legal relations between
husband and wife, parents and
children; keeping of order and
providing protection from violence;
regulation of the holding,
transmission and interchange of
property; determination of liabilities
for debt or crime; determination of
contractual rights between
individuals; definition and
punishment of crimes, administration
of justice in civil cases;
administration of political duties,
privileges, and relations of citizens,
and dealings of the state with foreign
powers, preservation of state from
external dangers, and the
advancement of international
interests.
2. Ministrant functions-are those taken to
advance the general interests of
society—such as public works, public
charity, regulation of trade and
industry.
De Jure and De Facto
governments
A de jure government has
rightful title but no power or control,
because it may have been withdrawn
or it has not yet actually entered into
 exercise. On the other hand, a de
facto government is a government
of fact—it actually exercises power
or control, but has no legal title.
3. Sovereignty-
a. means the supreme,
uncontrollable power, the
absolute
right to govern.
b. The supreme will of the State, the
power to make laws, and enforce
them by all the means of coercion it
cares to employ.
Two kinds of Sovereign
1. Legal- authority which has the power to
issue final commands; the
supremacy of a person; the
possession of unlimited power to
make laws.
2. Political- the power behind
the legal sovereign; the sum of
the
influences that operate upon it;
the power of the people.
Two aspects of Sovereign
1. Internal- which means the supremacy
of person or body of persons in the
State over the individuals or
association of individuals within the
area of its jurisdiction; the power of
the state to control its domestic
affairs.
2. External- the absolute independence of
one State as a whole with reference
to the other States. External
sovereignty is nothing more than the
freedom of the State from subjection
to or control by a foreign State; that
is, the supremacy State as against
all foreign wills. It is also the power of
the State to direct its relations with
other States.
Characteristics of a Sovereign
1. permanent
2. exclusive
3. comprehensive
4. absolute
5. indivisible
6. inalienable
7. imprescriptible
Effect of Change of Sovereignty
– The political laws of the former
sovereign, whether compatible or not
with those of the new sovereign, are
automatically abrogated, unless they
are expressly re-enacted by
affirmative act of the new sovereign.
Municipals laws remain in force.
(Macariola v. Asuncion, 114
SCRA 77)
Laurel vs. Misa
“Since the preservation of the
allegiance of the obligation of fidelity
and
obedience of a citizen or subject to
his government or sovereign does
not
demand from him a positive action
but only passive attitude or
forbearance from adhering to the
enemy by giving the latter aid and
comfort, the occupant has no power,
as a corollary of the preceding
consideration, to repeal or suspend
the operation of law of treason,
essential for the preservation of the
allegiance of the inhabitants to their
legitimate government, or compel
them to adhere and give aid and
comfort to him; because it is evident
that such action is not demanded by
the exigiencies of the military service
or not necessary for the control of
the inhabitants and safety and
protection of his army, and because
it is
tantamount to practically transferring
temporarily to the occupant their
allegiance to the titular government
or sovereignty.” –Justice Felicisimo
Feria

2
Doctrine of Parens Patriae
-guardian of the rights of the
people under certain disabilities