POLITICAL LAW AND THE

CONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES

A. POLITICAL LAW
The branch of public law which deals with
the organization and operation of the
governmental organs of the state and
defines the relations of the state with the
inhabitants of its territory.
(People vs. Perfecto, 43 Phil, 887)

B. PHILIPPINE POLITICAL LAW

Deals specifically with the study of the
structure and powers of our government
as well as the study of Constitutional Law,
Administrative Law, Election Law, Law of
Public Officers, the Law on Municipal
Corporations.

C. ADMINISTRATIVE LAW
It is the study of the laws that regulate the
administrative organization and
operations of the governmental organs of
the State and determines the competence
of the administrative authorities and the
remedies available to the individual in case
of violation of his rights.

D. ELECTION LAW
It is the study if the laws, rules and
procedures involving the conduct of
election of all public officials who will
exercise the powers of government as
allocated to and within their functions and
responsibilities.

E. LAW OF PUBLIC OFFICERS

It is a study of the creation, modification,
and dissolution of public office as well as
the eligibility of public officers, the
manner of their election or appointment
and assumption of office, their rights,
duties, powers, inhibitions and liabilities,
and the modes of terminating their official
relations.

F. LAW ON MUNICIPAL CORPORATIONS

A study of the general principles governing

municipal corporations, the laws affecting
the creation, organization and government
of provinces, cities, municipalities and
barangays; the scope and application of
the powers of municipal corporations,
including municipal ordinances, contracts,
liabilities and enterprises.

CONSTITUTIONAL LAW
May be defined as that branch of public
law which treats of constitution, their nature,
formation, amendment, and interpretation.
It refers to the law embodied in the
constitution
Principles growing out of the interpretation
and application made by the courts.

THE 1987 CONSTITUTION

A written instrument enacted by the direct
action of the people by which the fundamental
powers of the government are established,
limited and defined, and by which those
powers are distributed among the several
departments for their safe and useful exercise
and for the benefit of the body politic.
(Malcolm and Laurel, Phil. Constitutional Law 6)

BASIC PRINCIPLES OF THE

CONSTITUTION
A. The Constitution is the supreme law of the
land
B. Being the supreme law of the land, it is the
symbol and monument of the peoples will
C. The Constitution outlines the infrastructure
of the government
D. The Constitution must be obeyed
E. The courts are the ultimate guardians of the
Constitution

Classification:
As to their origin and history:
Conventional or enacted, enacted by a
constituent assembly or granted by a monarch
to his subjects
Cumulative or evolved, one which is a product
of growth or a long period of development
originating in customs, traditions, judicial
decisions

 As to their form:
Written, one which has been given definite written form
at a particular time
Unwritten. One which is entirely the product of political
evolution, consisting largely of a mass of customs

As to manner of amending them:

Rigid or inelastic. One regarded as a document of
special sanctity which cannot be amended or altered
except by some special machinery more cumbrous than
the ordinary legislative process
Flexible or elastic. One which possesses no higher legal
authority that ordinary laws and which may be altered
in the same way as other laws

The Philippine Constitution may be

classified as conventional or enacted,
written, and rigid or inelastic. It was drafted
by an appointive body Constitutional
Commission.

Framing and ratification

Article V, Proclamation No. 3, March 25,
1986

Proclamation No. 9, April 23, 1986

Purpose of Constitution
to prescribe the permanent framework of a
system of government, to assign to the
different departments their respective
powers and duties, and establish certain
fixed principles on which the government
is founded.

THE 1987 CONSTITUTION MAY BE

CHANGED:
REVISION is the rewriting or overhauling
of the entire instrument
AMENDMENT is a change or alteration
for the better, and amendment or change
within the lines of the original instrument
which bring about improvement.

Steps required in process of revision or

amending:
1. PROPOSAL the motion of initiating
suggestions or proposal on amendment
or revision.
2. RATIFICATION the sovereign act
vested in the Filipino people either to
reject or approve the proposal.

Secs. 1, Art. XVII

Any amendment to, or revision of, this Constitution may be propose by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A Constitutional Convention.

Secs. 1, Art. XVII (Peoples Initiative)

Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at
least twelve per centum of the total number of registered voters, of
which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment
under this section shall be authorized within five years following
the ratification of this Constitution nor oftener than once every five
years thereafter.
The Congress shall provide for the implementation off the exercise
of this right.

BILL OF RIGHTS
It is a charter of liberties
for the individual and a
limitation upon the power
of the State.

Art. III, Sec 1

No person shall be deprived of life,
liberty, or property without due process of
law, nor shall any person be denied the
equal protection of the laws.

DUE PROCESS OF LAW

a law which hears before it condemns, which proceeds
upon inquiry, and renders judgment only after a trial
Darmonth vs. Wordward

US vs. Lin Su Fan

a. That there is law prescribed in harmony with the

general powers of the legislative department of the
Government
b. That the law is reasonable in its operation;
c. That the law is enforced according to the regular
methods of procedures prescribes; and
d. That the law is applicable alike to all people of the
State or to all of a class.

Purpose of Due Process Clause

a. To prevent undue encroachment against the life,
liberty and property of individuals.
b. To secure the individual from the arbitrary
exercise of powers of government, unrestrained
by the established principles of private rights
and distributive justice.
c. To protect property from confiscation by
legislative enactments from seizure, forfeiture,
and destruction without trial and conviction by
the ordinary modes of judicial procedures

Persons
Embraces all persons within the territorial
jurisdiction of the Philippines, without
regard to any difference of race, color, or
nationality, including aliens.
Natural Persons
Juridical Persons

LIFE
Not merely a right to the preservation of
life itself but also to the security of the
limbs and organs of the human body
against any unlawful harm.

LIBERTY
Refers to something which is more than
mere freedom from physical restraint or
the bounds of a prison.
Freedom to go where one may choose
To act in such manner, not inconsistent
with the equal rights of others

PROPERTY
Refers to things which are susceptible of
appropriation, and which are already
possessed and found in the possession of
man.
May refer to the thing itself or to the right
over a thing.

Requirements of Due Process

SUBSTANTIVE DUE PROCESS
Requires that the enforcement of the law is
fair, reasonable and just.

PROCEDURAL DUE PROCESS

Refers to the method or manner by which the
law is enforced.

SEARCH AND SEIZURE

ARTICLE III, SEC. 2
The right of the people to be secure in their persons,
houses, papers and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant of
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the persons or things to be seized.

 A search warrant is an order in writing,

issued in the name of the People of the
Philippines signed by the judge and
directed to a peace officer
A warrant of arrest is a command to arrest
a person designated

Requisites of a valid search warrant and

warrant of arrest:
It must be issued upon probable cause;
The probable cause must be determined
personally by the judge himself;
Such determination of the existence of probable
cause must be made after examination by the
judge of the complainant and the witnesses he
may produce; and
The warrant must particularly describe the place
to be searched, and the persons or things to be
seized.

Privacy of Communication and

Correspondence (Sec 3)
(1) The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise as
prescribes by law.
(2) Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.

Freedom of Speech and of the Press (Sec.

4)
No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition
the government for redress and grievances.
(includes the ff: )
Free speech and free press
Freedom of assembly
Freedom of petition
Freedom of religion
Right to associate of right to form associations
Right to religious freedom

 Included in terms speech and expression

Right to freely utter, print and publish without
censorship of the government
Right to peaceful picketing
Right to lawful strike
Right to disseminate information concerning the
facts of a labor dispute
Expression by means of radio, television and
motion picture
Right to express grievances against government
Right to display posters, notices, flags, and banners

Freedom of Religion SEC. 5

Religion includes any form of belief in
regard to the relation of human being to
some supernatural powers.
It is a system of belief, or worship, or
philosophy not necessarily in the existence
of God, or a power of more superior being,
but in a philosophy or way of life detached
from any reverence or obedience to God.

Liberty of Abode and Travel

(SEC 6)
The right of a person to have his home in
whatever place chosen by him and
thereafter to change it at will, and to go
where he pleases, without interference
from any source.

Right to information
(Sec. 7)
The right to information on matters of
public concern
The right to access to official records, and
to documents, and papers pertaining to
official acts, transactions of decisions, as
well as to government data used as basis
for policy development.

Right of Association (Sec. 8)

The right to form associations is the
freedom to organize or to be a members of
any group or association

Taking of Private Property for Public Use

(Sec. 9)
Private property shall not be taken without just
compensation.
Eminent Domain
The right or power of the State to take (or expropriate)
private property for public use upon paying to the
owner a just compensation to be ascertained according
to law.
Just compensation. Determined by the proper court,
based on the fair market value at the time of the taking
of the property.

Prohibition Against Impairment of

Obligation of Contracts (Sec. 10)
The obligation of a contract is the law or
duty which binds the parties to perform
their agreement according to its terms or
intent, if it is not contrary to law.
The prohibition is intended to protect
creditors, to assure the fulfillment of
lawful promises, and to guard the integrity
of contractual obligations.

When obligation of contract impaired:

Takes from a party a right to which he is entitled
under the contract;
Deprives him of the means of enforcing such
right;
Imposes conditions not expressed in the contract,
or dispenses with those which are; or
Diminishes the consideration agreed upon by the
parties, as to diminish the value of a contract, is
void as impairing the obligation of the contract
within the meaning of the Constitution.