POLITICAL LAW 1 ISAGANI
CHAPTER
Why study political law?
Every citizen, regardless of calling, should understand
the mechanics and motivations of his government. Sovereignty
resides in the people and it is upon the active involvement in
public affairs of every Filipino that the success of the republic
of the Philippines will defend.
STATE
- Comm. Of persons, more or less numerous
- Permanently occupying a fixed territory
- Possessed an independent government organized for
political ends to which the great body of inhabitants render
habitual obedience
NATION
- Relation of birth or origin and implies common race, usually
characterized with community of language and customs. *racial
or ethnic concept)
Elements of state:
1. People
- Self-sufficing, can defend themselves, small
enough for easy administration and
sustenance
2. Territory
- Fixed portion of the surface of the earth
inhabited by the people of the state
- Neither too big to administer and defend nor
too small to provide needs of people
- Terrestrial (inland and external waters)
- Maritime (
- Fluvial
- Aerial ( airspace above the land and waters)
ARCHIPELAGIC DOCTRINE connect the outermost
points of our archipelago with straight baselines and
consider all the waters enclosed thereby as internal
waters. Archipelago as an integrated unit instead of
being fragmented into so many islands ( regardless of
their depth or distance from the coast)
UNCLOS III multilateral treaty regulating, among
others, sea-use rights over the maritime zone
3. Government
- Agency or instrumentality through which the will of the
state is formulated, expressed, and realized (FER)
- Functions
a. Constituent (compulsory)
-protection of persons and property
-definition and punishment of crimes
-regulating property and property rights
-justice in civil cases
-fixing legal relations b/w H and W
-regulation of contractual rights b/w individuals
-admin of political duties, privileges, and relations of
citizen
-national defense and foreign relations
b. Ministrant (optional) distinguish paternalistic
government from individualistic govt.
-advance the general interests of society
-public works and public charity
-regulation of trade and industry
PVTA vs CIR
ACCFA vs. Federation of Labor Unions
- 2-fold fxn is no longer relevant (quite
unrealistic not to say obsolete) due to
complexities of the changing society wherein
what are considered ministrant functions are
now considered constituent, or vice versa.
Ministrant functions that are now compulsory and are
declared in the general provisions of ARTICLE 2 (dec. of
principles and state policies , particularly social justice)
*except
ARTICLE 2 (sec)
15 (health),
16 (ecology)
28 (full public disclosure)
ARTICLE 13 (social justice and human rights) not self-
executing provisions; not sources of enforcebble rights but
guides in promulgating legislations
DOCTRINE OF PARENS PATRIAE
- Government is to act as guardian of the people
Govt of the Phil Islands vs. Monte de Piedad
-Right of govt to file a case for the state as parens patriae in
representation of the legitimate claimants (the relief were
never distributed to the victims)

Cabanas vs. Pilapil
-state as parens patriae chose the mother of an illegitimate
child as against his uncle to be trustee of the insurance
proceeds left by his father, who had expressly designated the
uncle
Soriano vs. Laguardia
-states mandate to protect and care for the children, as
parens patriae, constitute a substantial and compelling govt
interest in regulating petitioners utterance in TV broadcast
De la cruz vs. Garcia
-SC allowed the reg of an illegitimate child using the surname
of his deceased father; state as parens patriae affors special
protection to children from abuse , exploitation and other
conditions prejudicial to their development
DEJURE GOVERNMENT
- Rightful title but has no power or control
3 kinds:
CO KIM CHAM VS. VALDEZ TAN KEH, 75 Phil. 113
a. The first, or government de facto in a proper legal sense,
is that government that gets possession and control of, or
usurps, by force or by the voice of the majority, the rightful
legal governments and maintains itself against the will of the
latter, such as the government of England under the
Commonwealth, first by Parliament and later by Cromwell as
Protector.
b. The second is that which is established and maintained by
military forces who invade and occupy a territory of the enemy
in the course of war, and which is denominated a government
of paramount force, as the cases of Castine, in Maine, which
was reduced to British possession in the war of 1812, and
Tampico, Mexico, occupied during the war with Mexico, by the
troops of the United States.
c. And the third is that established as an independent
government by the inhabitants of a country who rise in
insurrection against the parent state of such as the
government of the Southern Confederacy in revolt not
concerned in the present case with the first kind, but only with
the second and third kinds of de facto governments.
But there is another description of government, called also by
publicists a government de facto, but which might, perhaps, be
more aptly denominated a government of paramount force. Its
distinguishing characteristics are
(1), that its existence is maintained by active military power
with the territories, and against the rightful authority of an
established and lawful government; and
(2), that while it exists it necessarily be obeyed in civil matters
by private citizens who, by acts of obedience rendered in
submission to such force, do not become responsible, or
wrongdoers, for those acts, though not warranted by the laws
of the rightful government.
DE FACTO GOVERNMENT
- Actually exercises power or control but without legal title
- Aquino Government (lawyers league for a better phil vs
Corazon Aquino)
that the people have made judgement; they have accepted
the govt pf Pres. Awuino which is in effective control of the
entire country is not merely de facto govt but but infact and
law a de jure govt. moreover, Community of nations has
recognized the legitimacy of the present govt.
GOVERNMENT OF THE PHILIPPINES
- Corporate governmental entity through which the fxs of the
govt are exercise throughout the Philippines including
various arms through which political authority is made
effective in the Philippines, whether pertaining to the
autonomous regions, provincial, city, municipal or barangay
subdivisions or other form of local govt. (Govt-owned or
controlled corporations engaged in propriety fxns not part of
Govt.)
- Government agency
a. Departments
b. Bureau
c. Office
d. Instrumentality or GOCC
e. Local govt or distinct unit
ADMINISTRATION
- Group of persons in whose hands the reins of government
are for the time being.
- It is transitional (the government is permanent)
4. Sovereignty
-supreme and uncontrollable power inherent in a state by
which state is governed
2 kinds:
a. Legal Sovereignty
(Congress)
Authority which has the power to issue final commands
b. Political Sovereignty
(Different Sectors that mold public opinion)
Power behind the Legal Sov., or the sum of the influences that
operate upon it
May also be:
a. Internal : power to control its domestic affairs
b. External : power to direct its relations with other
states (independence)
DOCTRINE OF SOVEREIGNTY DOCTRINE OF STATE IMMUNITY
- State may not be sued without its consent
- is the property of a state-force due to which it has the - (Restrictive Theory) the immunity is recognized only with
exclusive capacity of legal self-determination and self- regard to public acts or JURE IMPERII of a state but not
restriction regard to private acts JURE GESTIONIS
Sovereignty Characteristic: Basis:
PERMANENT, EXCLUSIVE, COMPREHENSIVE, ABSOLUTE,
INDIVISIBLE, INALIENABLE, IMPRESCRIPTIBLE (PECAiii ) 1. logical and practical ground that there can be no legal
right as against the authority that makes the law on
- Sovereignty is not deemed suspended although acts of
which the right depends
sovereignty cannot be exercised by the legitimate authority
2. PAR IN PAREM NON HABET IMPERIUM
- one sovereign power cannot exercise jurisdiction over
Ex. US sovereignty over the Philippines during the Japanese
another sovereign power
occupation
- Not at all times (basis) character of contract or object
-political laws of the occupied territory are merely
for which the entity was organized
suspended, subject to revival under jus postliminium upon the
end of the occupation
- (Classical or absolute theory) a sovereign cannot,
- NON POLITICAL LAWS (civil code, insurance act etc) are not
without its consent, be made a respondent in the courts
suspended except only where they were amended or
of another sovereign.
superseded by affirmative act of the belligerent occupant
- (Restrictive Theory) the immunity is recognized only with
- suspension of political laws only affects the civilian
regard to public acts or JURE IMPERII of a state but not
inhabitants of the occupied territory and is not intended to
regard to private acts JURE GESTIONIS (business or trade,
bind the enemies in arms ( AFP are continued to be covered by
commercial purposes)
the national defense act, articles of war and other laws
relating to them)
Application:
- does not apply to the law on treason tho political in
- File against the officer of the govt who
character
supposed to discharge the responsibility or
grant the redress demand
POSTLIMINY THEORY (JUS POSTLIMINIUM)
- Determine if the state is the real party in
interest and if proved will be a direct liability
- When a foreign power occupies a state and exercises the
of the state and not merely of the officer
powers of government, the political laws of the said state
impleaded
are deemed automatically suspended but the former
- If the state is directly involved, the action can
government automatically comes to life and will be in
be dismissed as a suit against it, unless its
force and in effect again upon the re-establishment of the
immunity had been previously waived.
former government.
- Even on account of a jure imperii may be
sued ( power of eminent domain when done
When there is CHANGE IN SOVEREIGNTY POLITICAL LAWS OF
THE FORMER SOVEREIGNTY ARE NOT MERELY SUSPENDED without payment of just compensation)
BUT ABROGATED (unless retained)
WAIVER OF IMMUNITY
- People v. perfecto, Macariola vs Asuncion, Vilas vs. City of - May be sued if it gives it consent
Manila
FORMS OF CONSENT
ACT OF STATE
- Act done by the sovereign power of a country, or by its a. Expressly ( general or special law)
delegate, within the limits of the power vested in him. b. Implied when the state itself commences litigation
- State cannot be questioned or made subject of legal or when it enters into a contract
proceedings ina court of law
- Act of state is an act done by the political departments of SUABILITY vs LIABILITY
the governemt and not subject to judicial review
(diplomatic power of the president) Suability is the result of express or implied consent of
the state to be sued, thus it gives an opportunity to the other
party to prove,if it can, then the state is liable

Liability is determined after hearing on the basis of

the relevant laws nd established facts.
FUNDAMENTAL PRINCIPLES AND STATE POLICIES
PREAMBLE to walk before (preambulare) 75 words c.
Function:
1. only to introduce the constitution
2. enumerates the primary aims and expresses the
aspirations of the framers
3. aid in construction and interpretation of the text of
the constitution
*almighty God Filipinos are intensely religious people; they
affirm their belief in the existence of a supreme being that
guides the destinies of men and nations.
REPUBLICANISM
Democratic essentially government by the people
Republican - it is a government of the people, by the people,
and for the people, a representative govt where in the powers
and duties of the govt are discharged for the common good
and welfare (rule of majority, rule of plurality)
Characteristics:
1. people indirectly govern but through representatives
2. founded upon suffrage
3. tripartite system (mutual interdependence)
4. bill of rights
5. majority and plurality
6. elections of a popular will
7. separation of powers ; check and balances
8. legislature cannot pass an irrepealable laws
9. law on public officer
10. state cannot be sued without its consent
DEFENSE OF STATE
- inherent right of every state to existence and self-
preservation and take all the necessary action (use of
armed force, to repel any threat to its security)
- national defense act
INCORPORATION CLAUSE
- generally accepted principles of international law are
made part of the law of the land either by express
provisions of the constitution (incorporation) or by
means of judicial declaration or fiat(transformation)
- treaties (transformation) ARTICLE 7 SEC 21 by
atleast 2/3 of all the members of the senate
- incorporation:
a. renunciation of war as an instrument of national policy
b. principle of sovereign immunity
persons right to lofe, liberty, property and due process
d. PACTA SUNT SERVANDA - based upon the principle of
good faith; principle in international law which says that
international treaties should be upheld by all the
signatories.
SOCIAL JUSTICE
- Neither communism, nor despotism, nor atomism,
nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the state so
that justice is RATIONAL and OBJECTIVELY SECULAR
CONCEPTION may atleast be approximated.
- Promotion of the welfare of all the people, adoption
of government measures to insure economic stability,
through the maintenance of a proper economic and social
equilibrium among the members of the community
ARTICLE 2 (9, 10, 11, 18, 21)
SEPARATION OF CHURCH AND THE STATE
PRINCIPLE: state should not use its money and coercive
power to establish religion. It should not support any
religion. State is prohibited from interfering to purely
ecclesiastical affairs, and the church is likewise prohibited
to meddle to purely secular affairs
Ex. Separation:
a. Article 2 sec 6 Separation of the Church and state
shall inviolable.
b. Article 3 sec 5 establishment clause; no law shall be
made respecting an establishment of religion, or
prohibiting the free exercise thereof.
c. Article 6 sec 28 tax exemption of charitable
institution, churches parsonages etc,
d. Article 6 sec 29 no public money or property be
appropriated, applied or paid for the use, benefit or
support of any sect, church, etc.
*many others (article 14 sec 3(3) and 4(2), article 15 sec
3(1)
- PRINCIPLE does not mean total or absolute separation:
SYMBIOTIC RELATIONS:
Ex.
- Secretarial aid is not prohibited to priests, preacher etc. as
such is assigned to the AFP.
- Optional religious instruction in public schools.
- Thursday and Friday of holy week, thanksgiving day and
Xmas day and Sundays are made legal holidays
ECONOMY
- Sec 19, 20, 21 article 2
- Article 12 section 10 gives congress the
discretion to reserve Filipinos certain areas
of investments
- Artice 12 sec 11 at least 60 % of whose
capital is owned by Filipino citizen
SEPARATION OF POWERS
Commission on appointments check upon the appointing
power in general
Judicial bar council ensure better selection of the members
of the judiciary
Electoral tribunals act as sole judge of all contests relating to
election, returns, and qualifications of the members of their
respective houses
Importance:
1. Three branches must discharge their respective
functions within the limits of authority conferred by
the constitution
2. Prevent concentration of authority in one person or
group of persons that might lead to an irreversible
error or abuse in its exercise to the detriment of our
republican institutions.
3. Intended to secure action, to fore-stall over-action, to
prevent despotism and to obtain efficiency
4. Exclusive cognizance of and is supreme in matters
falling within its own constitutionally allocated sphere
5. It is not independence but INTERDEPENDENCE
Achieve its purpose through: Limited to:
Legislature enact of laws and may not enforce or apply them;
Executive enforcement of laws and may not enact or apply
Judiciary application of laws and mat not enact of enforce;
courts cannot limit the application or coverage of a law, nor
can it impose conditions not provided therein, to do so
constitutes JUDICIAL LEGISLATION.
A. BLENDING OF POWERS
- Powers are not confided exclusively within one department
but are infact assigned to or shared by several departments
Illustrations:
1. Power of appointment can rightfully exercise by
each department over its own admin personnel
2. Enactment of General Appropriations law prepared
by president, becomes basis of the bill adopted by
congress, and subsequently submitted to the
president for approval
3. Grant of Amnesty by President- with concurrence
majority vote of congress
4. Commission on Elections deputize law enforcement
agencies and instrumentalities of the government
with he consent of the president for peaceful and
honest election
B. CHECK AND BALANCES
- one department is allowed to resist encroachment upon its
prerogatives or to rectify mistakes or excess committed by th
other departments
- provides for system of counteraction
Illustration:
1. Veto power of the president in lawmaking power of the
congress
2. Amnesty of the president may be refused by concurrence
of the congress; Treaty concluded by president refused
by the senate
3. Pardoning power of President may nullify a conviction in
criminal case
4. Congress may limit the jurisdiction of the SC and that of
the inferior courts and even abolish the latter tribunals
5. Judiciarys power to declare invalid act done by congress,
the president and his subordinates, or the constitutional
commissions
ROLE OF THE JUDICIARY
- Sees to it that the constitutional distribution of powers
among several departments of the government is
respected and observed.
- Mediates to allocate constitutional boundaries or
invalidates the acts of a coordinate body, what it is
upholding is not its own supremacy but the supremacy
of the constitution
- Judicial power includes the duty to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
government.
JUSTICIABLE QUESTION
- Implies a given right, legally demandable and
enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law, for said
breach of right
- Deals with the procedural rules and legality of a
particular act
-
POLITICAL QUESTION
- Question of policy
- Those questions, which under the constitution, are to be
decided by the people om their sovereign capacity-, or in
regard to which full discretionary authority has been
 delegated to the legislative and executive branch of the
government
- It is concerned with the issues dependent upon the
wisdom, not the legality of a particular means
- Wisdom, efficacy or practicability
DELEGATION OF POWERS
Potestas delegate non delegari potest what has been
delegated cannot be delegated
- Based upon the ethical principle that such
delegated power constitutes not only the right but
a duty to be performed by the delegate through the
instrumentality of his own judgement and not
through the intervening mind of another
- Reason is the increasing complexity of the task of
government and the growing inability of the
legislature to cope directly with the many problems
demanding its attention
PERMISSIBLE DELEGATION
1. Delegation of TARIFF powers to the President
2. Delegation of the EMERGENCY POWERS to the
president
3. Delegation to the PEOPLE AT LARGE
4. Delagtion to LOCAL GOVERNMENTS
5. Delegation to ADMINISTRATIVE BODIES
a. TARRIF POWER (sec 28(2) article 6)
- Giving the president the authority to act immediately on
certain matters affecting the national economy lest delay
result in hardship of the people
- Not the power to negotiate treaties and international
agreements but the power to FIX tariff rates, import and
export quotas, and other taxes
b. EMERGENCY POWER (sec 23(2) article 6)
- In times of war and national emergency that must be
solved within shortest possible time to prevent them from
aggravating the difficulties of the nation
- A quorum of the congress my not likely convene right
away and assuming that it had assembled, it is still the
divisiveness and delay inherent in the law making process
that may hamper the effective of solution of the problems
caused by the emergency
- It makes the president only an agent rather than a
replacement of the legislature
- Delegation powers are self-liquidating unless sooner
withdrawn (automatically cease upon the end of the
emergency)
- Not mandatory on the congress, may choose to hold on its
legislative powers and validly refuse to delegate it; or limit
its duration and terminate even before the end of the
emergency; nit automatically conferred to the president
- Limited : duration, extent, scope
- Emergency must be temporary
- CONDITIONS:
1. There must be a war or other national emergency
2. The delegation must be for a limited period
3. The delegation must be subject to such restrictions as
the congress may prescribe
4. The emergency powers must be exercised to carry out
a national policy declared by the congress.
- Other national emergency May include:
REBELLION, economic crisis, pestilence or epidemic
typhoon, flood etc.
c. DELEGATION TO PEOPLE
- The people have expressly reserved to themselves a
power of decision, the function of legislation cannot
be exercised by them, even to the extent of
accepting or rejecting a law which has been framed
for their consideration
- REFERENDUM
The power of the electorate to approve or reject a
legislation through an election called for its purpose
Method of submitting an important legislative
measure to a direct vote of the whole people
- PLEBISCITE
The electoral process by which an initiative on the
constitution is approved or rejected by the people
Literally decree of the people; device to obtain a
direct popular vote on a matter of political
importance, but chiefly in order to create some
more or less permanent political condition
d. DELEGATION TO LOCAL GOVERNMENT UNITS
- Based on the recognition that local legislatures are
more knowledgeable that\n the national lawmaking
body on the matters of purely local concern and are
therefore in a better position to enact the necessary
and appropriate legislation thereon
- General rule
Local affairs shall be managed by local authorities;
general affairs by the central authority
- Not a transfer of general legislative power but rather
a grant of authority to prescribe local regulations
- Eminent domain and police power expressly
delegated to local lawmaking bodies
- Power of taxation directly derived from consti
subject to limitations by congress
- Must be authorized by the legislature to be VALID
e. DELEGATION TO ADMINISTRATIVE BODIES
- power of subordinate legislation
- SUPPLEMENTARY REGULATIONS
Administrative bodies may
implement the broad policies laid
down in a statute by FILLING IN
the details which the congress
may not have the opportunity or
competence to provide; same
force and effect of laws
 - CONTINGENT REGULATIONS
Determine some fact or state of things upon which the
enforcement of a law depends. They are allowed to
ascertain the existence of particular contingencies and
on the basis thereof enforce or suspend the operation
of law. Have the force and effect of laws.

TEST OF DELEGATION

- determine the validity of the delegation of legislative power

- the regulation be GERMANE to the objects and purpose of

the law and that the regulation be not in contradiction to, but
in conformity with, the standards prescribed by the law

-without these standards, there would be no means to

determine, with reasonable certainty, whether the delegate
has acted within or beyond the scope of his authority.

A. THE COMPLETENESS TEST

- ideally, the law must be complete in all its essential terms

and conditions when it leaves the legislature so that there will
be nothing left for the delegate to do when it reaches him
except enforce it

- it must set forth therein the

1. policy to be EXECUTED;

2. policy to be CARRIED OUT; or

3. policy to be IMPLEMENTED by the delegate

- when to apply delegated power (incomplete legislation): if

there are gaps in the law that will prevent its enforcement
unless they are first filled

B. THE SUFFICIENT STANDARD TEST

- intended to map out the boundaries of the delegates

authority by defining the legislative policy and indicationg the
circumstances under which is to be pursued and effected.

- to be sufficient the standard must:

1. must specify the limits of the delegates authority

2. announce the legislative policy

3. identify the conditions under which it is to be

implemented
LEGISLATIVE DEPARTMENT
- Initiative and Referendum legislative power not vested in
congress but to the people
- Non legislative nature exercised by the congress:
1. Canvass of the presidential election
2. Declaration of existence of was
3. Confirmation of amnesties
4. Confirmation of presidential appointments through CA
5. Amendment or revision of the constitution
6. Impeachment
THE SENATE
- Elected at large by qualified voters rule intends to make
senate a training ground for national leaders and possibly
springboard to the presidency
- Having a national rather than only a district constituency
broader outlook of the problems
- QUALIFICATIONS:
1. Natural born citizen
those who are citizens of the Philippines from birth
without having to perform any act to acquire or
perfect their Philippine citizenship and those who
elect Philippine citizenship in acc. With pg 3 of section
1 deemed natural born
2. At least 35 years old at the day of the election
3. Able to read and write Literacy requirement is now
specifically prescribed
4. Registered voter
5. Residence of the Philippines for not less than 2 years
immediately preceding the election
*residence- domicile or legal residence ; when absent,
he has the intention of returning (animus manendi)

* 3 rules of residence:
A. a man must have a domicile or residence somewhere
B. when once established it remains until new one is
acquired
C. a man can have but one residence or domicile at a time

-TERM: 6 years and shall commence on JUNE 30 next following

their election
* one-half of the membership is retained as the other half is
replaced or re-elected every three years.
* continuing institution it is not dissolved as an entity with
each national election or change in nthe compositionof its
members
PARLIAMENTARY IMMUNITIES (SEC 11, ARTICLE 6)
1. Privilege form ARREST
- in all offenses punishable by not more than 6 years
imprisonment
- Intended to ensure representation of the constituents
of the member of the congress by preventing attempts
to keep him form attending its sessions
2. Privilege of SPEECH and DEBATE
- No member shall be questioned nor held liable in any
other place for any speech or debate in congress or in
any committee thereof
- Enables legislators to express views bearing upon public
interest without fear of accountability outside the halls
of the legislature for his inability to support his
statements with the usual evidence required in the
court of justice
- He may be called to account for his remarks by his own
colleagues in the congress itself, and when warranted
punisged for disorderly behavior
- 2 requirements to be availed:
a. Remarks must be made while the legislature is
functioning, that is in session
b. They must be made in connection with the discharge of
the official duties
CONGRESSIONAL OVERSIGHT
Oversight concerns post enactment measures
a. To monitor bureaucratic compliance with
program objectives
b. To determine whether agencies are properly
administered
c. To eliminate executive usurpation of legislative
authority
d. To assess executive conformity with the
congressional perception of public interest
3 categories:
a. Scrutiny
- determine economy and efficiency of the
operation of government activities.
- May request info and report from other
branches of the government
- Give recommendations or pass resolutions
for consideration of the agency involved
- Passive; looking at facts that are readily
available
b. Congressional investigation
- more intense digging of facts
c. Legislative supervision
- scrutinize the exercise of delegated law-
making authority, and permits congress to retain
part of that delegated authority.
- exercise supervision through veto power
over executive agencies

POWERS OF CONGRESS

Prohibited Measures in Legislation:

1. No irepealable laws
2. No laws decreasing appropriations of the judiciary
3. No law for reorganizing the judiciary with conflict oto
security of tenure
4. No law granting title of royalty or nobility
5. No ex post facto laws, bill of attainders or laws
impairing the obligation of contracts
6. No law shall be passed increasing the appellate
jusridiction of the SC as provided in the consti without
its advice and concurrence

Title of bills: one subject only expressed in the title

1. To prevent hodge-podge or log rolling legislation

Any act containing several subjects dealing with
unrelated matters representing diverse interests
Main object of such combination is to unite the
members of the legislature who favor any one of the
subjects in support of the whole act
2. To prevent surprise ofr fraud upon legislation
3. To fairly apprise the people, through such publication
of its proceedings are usually made, of the subjects of
legislation that are being considered in order thatthey
may have ippurtunity of being heard thereon, by
petition or otherwise, if they should so desire