Political Law

Notes in Political Law
2010
PRELIMINARIES
I. Political Law A. Definition of Political Law B. Scope/Divisions of Political Law C. Basis of Philippine Political Law II. Constitution A. B. C. D. E. F. G. H. Definition of Constitution Classifications of Constitution Essential Parts of a Good Written Constitution Qualities of a Good Written Constitution Philosophical View of the Constitution Interpretation/Construction of the Constitution Evolution of Philippine constitution The 1987 Constitution
powers of the municipal corporations, including municipal ordinances, contracts, liabilities, and enterprises. 4. Law of Public Officers. It is a study of the creation, modification and dissolution of public office as well as the eligibility of the public officers, the manner of their election or appointment and assumption of office, their rights, duties, powers, inhibition and liabilities, and the modes of terminating their official relations. 5. Election Laws. It is a study of the laws, rules and procedure 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.
C. Basis of Philippine Political Laws
III. Basic Concepts A. B. C. D. E. F. G. H. I. Constitutionalism Philippine Constitutionalism Doctrine of Constitutional Supremacy Republicanism Principle of Separation of Powers Principle of Non-delegation of Powers System of Checks and Balances Judicial Review Due Process
The principles of government and political law of the Philippines are fundamentally derived from American jurisprudence. These conditions were the inevitable outcome of the establishment of the American rule in the Philippines. When Spain ceded the Philippines to the US, the Spanish Political laws were automatically displaced by those of the US.2
POLITICAL LAW
Constitution
A. Constitution Defined. It is a body of rules and maxims in accordance with which the power of the sovereignty are habitually exercised. 3 Most likely, it is defined as the supreme law of the land as ordained and established by the people which prescribes the permanent framework of the system of the government, which establishes the basic principles upon which the government is founded, and which defines and allocates to the various organs of the government their respective powers and duties.4 As to generality and permanence of the constitution: Note: A constitution differs from a statute. It is intended not merely to meet existing conditions, but to govern the future. It has been said that the term constitution implies an instrument of a permanent nature. B. Classifications of Constitution
A. Political Law Defined. That 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 the inhabitants of its territory1
B. Scope/ Division of Political Law.
1. Constitutional Law. The study of maintenance and proper balance between authority as presented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. 2. Administrative law. That branch of public law which fixes the organization of the government, determines the competencies of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights. 3. Law on Municipal Corporations. This is a study of general principles governing the municipal corporations, the laws affecting the creation, organization and government of provinces, cities, municipalities and barangays; the scope and application of the
1
2 3
Vicente Sinco, Philippine Political Law 2, 10th ed., 1954.
This definition is comprehensive enough to cover written and unwritten constitutions. (Cruz, Constitutional Law)
People v. Perfecto, 43 Phil. 887
J. Malcom, Phil. Constitutional Law p.6
1 |Teope, Lim &Bagaporo

1. Written5 or Unwritten6 2. Enacted (conventional)7 or Evolved (Cumulative);8 3. Rigid or Flexible
9 10
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The Constitution is a social contract.17 Viewed in the light of the Social Contract Theories, the Constitution may be considered as the Social Contract itself in the sense that it is the very basis of the decision to constitute a civil society or State, breathing life to its juridical existence, laying down the framework by which it is to be governed, enumerating and limiting its powers and declaring certain fundamental rights and principles to be inviolable. The Constitution as a political document may be considered as the concrete manifestation or expression of the Social Contract or the decision to abandon the state of nature and organize and found a civil society or State. F. Interpretation/Construction of the Constitution
4. Normative- adjusts to norms; Nominal not yet fully operational; Semantic-perpetuation of power
Note: The Constitution of the Philippines is written, conventional and rigid.
C. Essential Parts of a Good Written Constitution 1. Constitution of Liberty11 2. Constitution of Government12 3. Constitution of Sovereignty13 D. Qualities of a Good Written Constitution 1. Broad 2. Brief15 3. Definite16 E. Philosophical View of the Constitution
5
14
In Fransisco v. House of Representatives, the SC made reference to the use of well-settled principles of constitutional construction, namely: 1. Verba Legis18 2. Ratio legis et anima19 3. Ut magis valeat quam pereat20 G. Evolution of Philippine Constitution 1. 2. 3. 4. 5. Malolos Constitution The American Regime and the Organic Acts The 1935 Constitution The Japanese (Belligerent) Occupation The 1973 Constitution
Written constitution whose concepts are embodied in one document or set of documents; 6 Unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statute of a fundamental character, judicial decisions, commentaries of publicist, customs and traditions, and certain common law principles. 7 Conventional constitution is enacted, formally struck off at a definite place and time following a conscious or deliberate effort taken by a constituent body or ruler 8 Cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than any systematic method 9 Rigid Constitution is one that can be amended only by formal and usually difficult process; 10 Flexible constitution is one that can be change by ordinary legislation 11 The series of prescriptions setting forth the fundamental civil and political rights of the citizen s and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights (ARTICLE III) 12 The series of provisions outlining the organization of the government, enumerating its powers laying down certain rules relative to its administration and defining the electorate (ARTICLES VI, VII, VIII and IX) 13 The provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about. (ARTICLE XVII) 14 Broad Because it provides for the organization of the entire government and covers all persons and things within the territory of the State and also because it must be comprehensive enough to provide for every contingency. (Cruz, Constitutional Law pp 5-6) 15 Brief. It must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend. (Cruz, Constitutional Law pp 45) 16 Definite. To prevent ambiguity in its provisions which could result in confusion and divisiveness among the people. (Cruz, Constitutional Law pp 4-5)
H. The 1987 Constitution The 1987 Constitution is the 4th fundamental law to govern the Philippines since it became independent on July 4, 1946. Background: 1. Proclamation of the Freedom Constitution a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and VP Laurel were assuming power. b. Executive Order No.1, (February 28, 1986) c. Proclamation No.3, March 25, 1986, announced the promulgation of the Provisional (Freedom) Constitution, pending the drafting and ratification of a new
17
Marcos v. Manglapus Plain meaning rule; whenever possible the words used in the Constitution must be given their ordinary meaning except when technical terms are employed. 19 Interpretation according to spirit; the words of the Constitution should be interpreted in accordance with the intent of the framers. 20 The constitution has to be interpreted as a whole.
18

Constitution. It adopted certain provisions in the 1973 Constitution, contained additional articles on the executive department, on government reorganization, and on existing laws. It also provided of the calling of a Constitutional Commission to be composed of 30-50 members to draft a new Constitution. 2. Adoption of the Constitution a. Proclamation No. 9, creating the Constitutional Commission of 50 members. b. Approval of the draft Constitution by the Constitutional Commission on October 15, 1986 c. Plebiscite held on February 2, 1987 d. Proclamation No. 58, proclaiming the ratification of the Constitution. 3. Effectivity of the 1987 Constitution: February 2, 1987. Salient Features: 1. The new Constitution consists of 18 articles and is excessively long compared to the 1935 and 1973 constitutions. 2. The independence of the judiciary has been strengthened with new provisions for appointment thereto and an increase in its authority, which now covers even political questions formerly beyond its jurisdiction. 3. The Bill of Rights of the Commonwealth and Marcos constitutions has been considerably improved in the 1987 Constitution and even bolstered with the creation of a Commission of Human Rights.
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of Treaty of Paris. Then it grew from a series of organic documents. These are: 1. Pres. Mc Kinleys Instruction to the Second Phil. Commission; 2. Phil. Bill of 1902; 3. Phil. Autonomy Act of 1916. (Bernas, Commentary xxxviii) C. Doctrine of Constitutional Supremacy The American case of Marbury v. Madison laid down the classic statement on constitutional supremacy It is a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it. Constitutional supremacy produced judicial review.21
Q. What is the Doctrine of Constitutional Supremacy? A. Under the doctrine of constitutional supremacy, if a
law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in 22 every statute and contract.
Q.
What is the effect unconstitutionality of a law?
of
declaration
of
A. An unconstitutional act is not a law; it confers no

right, imposes no duties; and affords no protection; it creates no office; it is inoperative, as if it had not been passed at all (ORTHODOX VIEW). Note: This is an overstatement, for a law held unconstitutional is not always wholly a nullity. Courts simply refuse to recognize the law and determine the rights of the parties as if the statute had 23 no existence. Certain legal effects of the statute prior to its declaration of unconstitutionality may be 24 recognized. Thus, a public officer who implemented an unconstitutional law prior to the declaration of 25 unconstitutionality cannot be held liable. (MODERN VIEW)
Basic Concepts
A. Constitutionalism Constitutionalism refers to the position or practice that government be limited by a constitution. The doctrine or system of government in which the governing power is limited by enforceable rules of law; and concentration of power is limited by various checks and balances so that the basic rights of individuals and groups are protected.
Partial Unconstitutionality Requisites:
1. The legislature must be willing to retain the valid portion(s), usually shown by the
21
B. Philippine Constitutionalism Constitutionalism in the Philippines, understood in the American sense, dates back to the ratification
Defensor Santiago, Constitutional Law 7. Supra.,Manila Prince Hotel v. GSIS 23 Manila Motors v Flores, 99 Phil. 738; Agbayani v. PNB, 35 SCRA 429; Republic v. Herida, 119 SCRA 411 24 Pelaez v. Auditor General, 15 SCRA 569 25 Ynot v IAC
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presence of a separability clause in the lawINTENT OF THE LEGISLATIVE; and 2. The valid portion can stand independently as lawINDEPENDENCE OF THE PROVISIONS.
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Permissible Delegations (PETAL): 1. Delegation to the PEOPLE at large through initiative and referendum 2. Delegation of EMERGENCY powers to the President 3. Delegation of TARRIF powers to the president
D. Republicanism The essence of republicanism is representation and renovation, the selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal.26
4. Delegation to the ADMINISTRATIVE bodies 5. Delegation to the LOCAL government TARIFF POWERS
The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the 29 Government.
E. Doctrine of Separation of Powers F. Legislative power is given to the Legislature whose members hold office for a fixed term (Art. 6 Sec.1); executive power is given to a separate Executive who holds office for a fixed term (Art. 7 Sec.1); and judicial power is held by an independent Judiciary (Art. 8 Sec.1).27
Reason: necessity to give Chief Executive the authority to act immediately on certain matters affecting the national economy; legislative process is too cumbersome for the speedy solution of some economic problems, especially those relating to foreign trade EMERGENCY POWERS
F. Principle of Non-delegation of Powers

potestas delegate non delegari potest (what has been delegated cannot be delegated)
Theory: The theory is that a power definitely assigned by the Constitution to one department can neither be surrendered nor delegated by that department, nor vested by statute in another department or agency.28 General Rule: Non-delegation Exception: Permitted by sovereign power *Applicable to the 3 branches but is especially important in the legislative branch Reasons: 1. Frequency and necessity for it to delegate 2. Delegation by legislative branch has become the rule and non-delegation the exception 3. Legislature cannot be expected reasonably comprehend all problems 4. Specialization
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In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers 30 shall cease upon the next adjournment thereof.
Reasons: 1. Quorum cannot be convened in Congress in times of national emergency 2. Quorum will cause divisiveness and delay the effective solution to problems 3. Problems must be solved in the shortest possible time to prevent them from aggravating the difficulties of the nation
Note: President becomes a constitutional dictator when emergency powers are delegated but in the strict legal theory, there is no total abdication of legislative authority in his favor (Conferment is restricted)
Restrictions: 1. Must be war or other national emergency 2. For a limited period only 3. Subject to restrictions which Congress may prescribe
to
Cruz, Political Law. Sandoval, Lecture Notes in Political Law Review, 2006-2007 28 Williams v. US, 289 US 553 (1933).
27
29 30
Article VI Section 28 (2). Article VI Section 23 (2)

4. Exercised only to carry out a national policy declared by Congress Emergency powers are self-liquidating automatically cease upon the end of the emergency which justified its delegation UNLESS sooner withdrawn (Example, CA 671 which conferred emergency powers to the president following the outbreak of the Pacific War in 1941, authorized their existence only during the existence of the emergency) Other national emergency (1) rebellion (2) economic crisis (3) pestilence (4) epidemic (5) typhoon (6) flood (7) other similar catastrophe of nationwide proportions or effect. Conferment of emergency powers on the president is not mandatory on the Congress, that is, Congress may choose to hold on to its legislative powers and refuse to delegate it or limit its duration and terminate it before the end of the emergency Emergency does not automatically confer emergency powers to the President; Emergency itself cannot and should not create power. (Chief Justice Paras) The President is authorized to exercise powers necessary and proper only for the purpose of carrying out a national policy declared by Congress. Acts beyond the scope of the delegated authority may be challenged Delegation of emergency powers must be temporary or it cannot be said to be an emergency.31 DELEGATION TO THE PEOPLE Except in those cases where, by the Constitution, 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 because the people have voluntarily surrendered such power when they adopted the Constitution (Cooley) REFERENDUM and PLEBISCITE Distinguished. Referendum method of submitting an important legislative measure to a direct vote of the whole people Plebiscite questions submitted to the people are intended to work more permanent changes in the political structure; decree of the people (example, proposal to amend the Constitution)
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DELEGATION TO LOCAL GOVERNMENTS 1987 Administrative Code (EO292) Basis: Local legislature is more knowledgeable than national lawmaking body on matters of purely local concern and are in a better position to enact the necessary and appropriate legislation thereon Cardinal principle that local affairs should be managed by local authorities and general affairs by the central authority Creation of municipalities is not a transfer of general legislative power but a grant of authority to prescribe local regulations, subject to the interposition of the superior in cases of necessity Power of eminent domain (under the General Welfare Clause) and police power has been expressly delegated by the legislature to the local law making bodies DELEGATION TO ADMINISTRATIVE BODIES 1. Power of subordinate legislation is given to Administrative Bodies 2. They may also issue contingent regulations pursuant to a delegation of authority to determine a fact or state of things upon which the enforcement of a law depends TESTS OF DELEGATION 1. Completeness Test32 2. Sufficient Standard test33
Note: INVALID DELEGATION OF LEGISLATIVE POWER- If there are gaps that will prevent its enforcement, delegate is given the opportunity to step into the shoes of the legislature and exercise discretion in order to repair the omissions SUFFICIENT STANDARD maps out the boundaries of the delegates authority and indicating the circumstances under which it is to be pursued and effected (purpose: prevent total transference of legislative power).
G. System of Checks and Balances H. The Constitution fixes certain limits on the independence of each department. In order that these limits may be observed, the Constitution gives
32
31
Araneta vs. Dinglasan
COMPLETENESS TEST law must be complete in all 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 to enforce it 33 SUFFICIENT STANDARD TEST if law does not spell out in detail the limits of the delegates authority, it may be sustained if delegation is made subject to a sufficient standard.

each department certain powers by which it may definitely restrain the other from exceeding their authority. A system of checks and balances is thus formed. To carry out the system of checks and balances, the Constitution provides: 1. The acts of the legislative department have to be presented to the executive for approval or disapproval. 2. The executive department may veto the acts of the legislature if in its judgment they are not in conformity with the Constitution or are detrimental to the interests of the people. 3. The courts are authorized to determine the validity of legislative measures or executive acts. 4. Through its pardoning power, the executive may modify or set aside the judgments of the courts. 5. The legislature may pass laws that in effect amend or completely revoke decisions of the courts if in its judgment they are not in harmony with its intention or policy which is not contrary to the Constitution.34 6. President must obtain the concurrence of Congress to complete certain significant acts. 7. Money can be released from the treasury only by authority of Congress.35
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Note: The first function, as understood in the 1973 Constitution, is the TRADITIONAL concept of Judicial power.
The second is known as the EXPANDED power of judicial review or EXTRAORDINARY POWER OF COURT. This part adversely affects the POLITICAL QUESTION DOCTRINE. FUNCTIONS OF JUDICIAL REVIEW a. Checking b. Legitimating c. Symbolic JUSTICIABLE QUESTIONS implies a given right legally demandable and enforceable, act or omission violative of such right and a remedy granted and sanctioned by law, for said breach of right37 Example: Non-compliance with the voting requirement prescribed by the fundamental law tax exemption is enacted by less than majority of all members of the Congress or when an appointee of the President does not possess the prescribed qualifications = Courts will have jurisdiction POLITICAL QUESTIONS falls under the discretion of another department or especially the people themselves; MAY not be subject of judicial review; question of policy Examples:
H. Judicial Review The power of the courts to test the validity of executive and legislative acts in the light of their conformity with the Constitution; this is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the constitution (Angara v Electoral Commission, 63 Phil. 139). The power is inherent in the Judicial Department by virtue of the Doctrine of Separation of Powers. That duty is part of the judicial power vested in the courts by an express grant under Sec. 1 Art 8 of the Constitution which states: Judicial power includes the duty of the courts of justice (1) to settle actual controversies involving rights which are legally demandable and enforceable, and (2) 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.36
1. Wisdom, efficacy or practicability of a law and impeachment is with the Congress 2. Interpretation of certain provisions of Constitution is the exclusive jurisdiction of the SC 2 Kinds of Political Questions38 1. Those questions which, under the constitution, are to be decided by the people in their sovereign capacity; 2. Or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality of a particular measure. Justiciable v. Political Questions Expulsion of member of Congress must be based on disorderly behavior and concurred in by 2/3 of all colleagues = political question. But when it
34
Tarlac v. Gale, 26 Phil. 338 cited in Vicente Sinco, Philippine Political Law 135, 10th ed., 1954. 35 Bernas, Commentary 656, 2003 ed. 36 Bondoc v. Pineda, 201 SCRA 792
37
38
Casibang v. Aquino
Tanada v. Cuenca

is supported by less than the required vote then it is a justiciable question. 1. Under the 1935 Constitution, the Electoral Tribunal should be composed of 3members of the SC to be designated by the Chief Justice, 6members to be chosen by each house, 3 upon the nomination of the party having the largest number of votes and 3 upon the nomination of the party having the second largest vote. Senate had only one minority member who nominated himself, the majority named two other. The minority member questioned the procedure and the majority moved to dismiss the case on the reason that it is a political question but SC ruled that it is a justiciable question (Taada vs. Cuenco) 2. Whether or not the president has the power to propose amendments is a justiciable question. Political questions are associated with the wisdom and not the legality of a particular act (Sanidad vs. COMELEC) 3. Wisdom of the President and Senate in enlisting the country in WTO and on the merits of trade liberalization will not be looked into. The SC will only exercise its constitutional duty to determine whether or not there had been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Senate in ratifying the WTO agreement and its 3 annexes (Taada vs. Angara) Note: Under the new Constitution, scope of political question is constricted because judicial power includes the duty xxx 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. Article VII Section 18 the SC may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof. The political question doctrine is not abolished. Discretionary acts outside of those specifically mentioned by the Constitution are not subject to judicial review. Expression of Constitutional Supremacy Judicial review is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the PEOPLE
39
40
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Constitution.39 Constitutional supremacy produced judicial review, which in turn led to the accepted role of the Court as the ultimate interpreter of the Constitution.40
I. Origin:
Due Process
By the 39th chapter of the Magna Carta wrung by the barons from King John, the despot promised that no man shall be taken, imprisoned or disseized or outlawed, or in any manner destroyed; nor shall we go upon him, nor send him, but by the lawful judgment of his peers or by the law of the land.
Concept of State
I. Definition of State II. Principle of State Continuity III. Elements of the State A. B. C. D. People Government Territory Sovereignty
State Defined. A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an external government o which the great body of inhabitants render habitual obedience. State vs. Nation The former is a LEGAL CONCEPT while the latter is a RACIAL or an ETHNIC CONCEPT. Note: There may be one state with many nations. E.g. Arab Nations or there may be several state with one nation. E.g. United States of America Principle of State Continuity For as long as the four elements of the State are present, the state shall continue to exist, notwithstanding a change in one or more of these essential elements. ELEMENTS OF THE STATE 1. People 2. Government 3. Territory 4. Sovereignty
Angara v. Electoral Commission, 63 Phil 139. See Cooper v. Aaron, 358 US 1 (1956)
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People refer simply to the inhabitants of the state. It is agreed that they must be numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained. Different Meanings of People as used in the Constitution: 1. Inhabitants41 2. Electors42 3. Citizens43 4. Sovereign
44
ethical being and an abstract concept cannot commit any wrong.
Q. A.
What is the Doctrine of Parens Patriae?
Literally, parents of the people. As such, the Government may act as guardian of the rights of people who may disadvantaged or be suffering from disability or misfortune46
Q. A.
Distinguish De Jure from De Facto Government.
GOVERNMENT It is understood as the agency through which the will of the state is Formulated, Express, and Realized (FER). Note: State is an abstract being that can only act through its agent. Since the government is a mere agent and the State is the principal, any good thing performed by the government is always attributable to the Sate. Government vs. Administration Government is the institution through which the state exercises power. Administration consists of the set of people currently running the institution. Functions of Government 1. Governmental (Constituent) -are the compulsory functions which constitute the very bonds of society 2. Proprietary (Ministerial)optional functions of the government for achieving a better life for the community45
A De Jure government (government of law) is a government that has a lawful title although it may not be in possession of the machinery of the state but the point is it has the lawful title. On the other hand, De Facto government (government of fact) has no lawful title but it is in actual possession of the machinery of the state. THREE KINDS OF DE FACTO GOVERNMENT47 A. By insurrection that which is established by the inhabitants who rise in revolt against and depose the legitimate regime. e.g the Commonwealth established by Oliver Cromwell which supplanted the monarchy under Charles I of England B. By government of paramount force - that which is established in the course of war by invading forces of one belligerent to the territory of other belligerent, the government of which is displaced. e.g the Japanese occupation in the government in the Philippines which replaced the Commonwealth during WW II. C. By cession that which is established by the inhabitants of a state who cedes there from without overthrowing its government. e.g the confederate government during the American Civil War, however did not seek to depose the union government.
Q. What if the government performs an act that

proves harmful to the people, will you attribute that to the state?
A. No. The mandate of the state to the

government, as its agent, is to promote the welfare of the people and not to harm them. State as an
Q. A.
Is the Aquino Government a de facto government? While initially, Aquino Government was a de facto government because it was established thru extra-constitutional measure, it nevertheless assumed de jure status when it is subsequently recognized by the international community as the legitimate Government of the Philippines. Moreover, a new Constitution was drafted and overwhelmingly
46
41
Article II, Section 15, 16; Article III, Section 2; Article XIII, Section 1 42 Article VII, Section 4; Article XVI, Section 2; Article XVIII, Section 25 43 Article II, Section 4; Article III, Section 7. 44 The people organized collectively as a legal association is the state which sovereignty resides. Preamble; Article II, Section 1. 45 Bacani v. NACOCO
Government of the Philippine Islands v Monte de Piedad, 35 SCRA 738 47 Co Kim Chan v Valdez tan Keh, 75 Phil. 113

ratified by the Filipino people and national elections were held for that purpose. Note: The government under Cory Aquino and the Freedom Constitution is a de jure government. It was established by authority of the legitimate sovereign, the people. It was a revolutionary government established in defiance of the 1973 Constitution. (In Re Letter of Associate Justice Puno, 210 SCRA 589 (1992). The government under President Gloria Macapagal Arroyo established after the ouster of President Estrada is de jure government.48 GOVERNMENT OF THE PHILIPPINES Defined. The corporate governmental entity through which the functions of the government are exercise throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city municipal, or barangay subdivisions or other form of local government (Sec. 2 (1), Administrative Code of 1987).
Note: A government owned or controlled corporation engaged in propriety functions cannot be considered part of the Government for the purpose for purpose of exemption from the application of the statute of limitations.
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2. All other territories over which the Philippines has sovereignty or jurisdiction.
Q. A.
Do you consider the Spratlys Group of Islands as part of Philippine Archipelago? Spratlys Group of Islands is not part of the Philippine Archipelago because it is too far away from the three main islands of the Philippines. It is found, geographically, almost in the middle of the South China Sea. It is not part of the Philippine Archipelago. Historically, when we talk about Philippine Archipelago, we refer to those islands and waters that were ceded by the Spain to the United States by virtue of Treaty of Paris in 1898. And that did not include the Spratlys Group of Islands yet. Under the treaty, the islands that were ceded by Spain were identifiedthe main islandsLuzon, Visayas and Mindanao. Clearly, it did not include the Spratlys Group of Islands. Spratlys Group of Islands was only discovered sometime in the 1950s by a Filipino, Tomas Cloma. The latter waived his rights over the islands in favor of the Philippine Government. In effect, the government stepped into the shoes of the discoverer. By then President Marcos, what he did the moment Tomas Cloma waived his rights over the Spratlys Group of Islands, is to have the islands immediately occupied by Philippine troops. He then issued PD 1596, constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality of Kalayaan placing it under the Province of Palawan. And then he had the elections immediately held in the islands so from that time on until now, we continue to hold elections there. The Philippine exercises not only jurisdiction but also sovereignty over the Spratlys Group of Islands, yet it is not part of the Philippine Archipelago. Geographically, it is too far away from the Philippine Archipelago. On May 20, 1980, the Philippines registered its claim with the UN Secretariat. The Philippine claim to the islands is justified by reason of history, indispensable need, and effective occupation and control. Thus, in accordance with the international law, the Spratlys Group of islands is subject to the sovereignty of the Philippines.
TERRITORY Territory is the fixed portion of the surface of the earth inhabited by the people of the state. The components of territory are the land mass (terrestrial domain), the inland and external waters (maritime and fluvial domain), the air space above the land and waters (aerial domain). THE PHILIPPINE NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the sea bed, the subsoil, the insular 49 shelves, and other submarine areas.
Q. Do you consider the Spratlys group of Islands as

part of our National Territory?
Two (2) Parts of the National Territory: 1. The Philippine archipelago with all the islands and waters embraced therein; and
A. Yes. Article I of the Constitution provides: The

national territory comprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovereignty or jurisdiction, x x x. The Spratlys Group of islands falls under the second phrase and all other territories over which the Philippines has sovereignty or jurisdiction. It is part of our national territory because Philippines exercise
48 49
Bernas Primer at 9 (2006 ed.)

CONSTITUTION, Art.1 ,Sec.1.

sovereignty (through election of public officials) over Spratlys Group of Islands.
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Q. A.
What was the basis of the Philippines claim over the Spratlys? Through discovery of Tomas Cloma and occupation. MODES OF AQUISITION OF TERRITORY 1. Discovery and occupation50
of high seas between some of our islands and islets, thus foreign vessels would be able to pass through these pockets of seas and would have no jurisdiction over them.
Q. Differentiate archipelagic waters, territorial sea

and internal waters.
A. According to UNCLOS, Archipelagic waters refers

to areas enclosed as internal waters by using the baseline method which had not been previously considered as internal waters. (See Article 53 of UNCLOS) Territorial sea is an adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a state and over which the state has sovereignty. (Article 2, 3 of UNCLOS) Internal waters refer to all waters landwards from the baseline of the territory. Is from which the breadth of territorial sea is calculated. (Brownlie, Principles of PIL) No right of innocent passage for foreign vessels exists in the case of internal waters. (Harris, Cases and Material on International Law, 5th ed., 1998, p.407) Under Section 1, Article I of the 1987 Constitution, the internal waters of the Philippines consist of the waters around between and connecting the islands of the Philippine archipelago regardless of their breadth and dimensions including the waters in bays, rivers, and lakes.
Note: Doctrine of Effective Occupationdiscovery

alone is not enough. Mere discovery gives only an inchoate right to the discoverer. For title to finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the same.
2. Prescription51
Note: In international law, there is no rule of thumb as to the length of time for acquisition of territory through prescription. In this connection, consider the Grotius Doctrine of immemorial prescription, which speaks of uninterrupted possession going beyond memory.
3. Cession52 4. Conquest53 5. Accretion54 ARCHIPELAGIC DOCTRINE. Archipelagic Doctrine emphasizes the unity of the land and waters by defining an archipelago either as group of islands surrounded by waters or a body of water studded by islands (STRAIGHT BASELINE METHOD). The waters of the inward side of the baseline or within baselines regardless of breadth or dimensions are part of the internal waters. Purposes of Archipelagic Doctrine a. Territorial Integrity b. National Security c. Economic reasons
Q. A.
Distinguish briefly but clearly between the contiguous zone and the exclusive economic zone. Contiguous zone is a zone contiguous to the territorial sea and extends up to twelve nautical miles from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. (Article 33of the Convention on the Law of the Sea.) The EEZ extends 200 nautical miles from the baseline. The EEZ is recognized in the UN Convention on the Law of the Sea. Although it is not part of the national territory, exclusive economic benefit is reserved for the country within the zone. By virtue of PD 1599, the Philippine declares that it has sovereign rights to explore, exploit, conserve and manage the natural resources of the seabed, subsoil, and superjacent waters. Other states are prohibited from using the zone except for navigation and overflight; laying of submarine cables and pipeline, and other lawful uses related to navigation and communication.
It is said that the purpose of archipelagic doctrine is to protect the territorial integrity of the archipelago. Without it, there would be pockets
50
Discovery and Occupation which are terra nullius (land belonging to no one) 51 Prescription; Territory may also be acquired through continuous and uninterrupted possession over a long period of time. 52 Cession by Treaty; Examples are Treaty of Paris, treaty between France and US ceding Louisiana to the latter and treaty between Russia and US ceding Alaska to the latter 53 Conquest or Subjugation (conquistadores)this is no longer recognized, inasmuch as the UN Charter prohibits resort to threat or use of force against the territorial integrity or political independence of any state 54 Accretion; It is the increase in the land area of the State, either through natural means, or artificially, through human labor.
Q.
Distinguish the flag state and the flag of convenience
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A. Flag state means a ship has the nationality of the

flag of the state it flies, but there must be a genuine link between the state and the ship. (Article 91 of the Convention on the Law of the Sea) Flag of convenience refers to a state with which a vessel is registered for various reasons such as low or non-existent taxation or low operating costs although the ship has no genuine link with the state. (Harris, Cases and Materials on International Law, 5th ed., 1998, p. 425.)
acquire property such as lands and natural resources.60
Q. Is the Sovereignty really absolute? A. While sovereignty has traditionally been deemed
absolute and all encompassing on the domestic level, it is subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the Family of Nations. So these are the limitations of the sovereignty in the field of international relations: (1) limitations brought about by the entry into treaties with other states; (2) limitations brought about by joining the Family of Nations. 61 CONCEPT OF SOVEREIGN AS AUTOLIMITATION The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.62 PACTA SUNT SERVANDA The international agreements must be performed in good faith. A treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties. A state which has contracted a valid international agreement is bound to make in its legislation such modification as may be necessary to ensure fulfillment of the obligation undertaken. Effects in Change of Sovereignty: Political laws are abrogated; municipal laws remain in force. Effects of Belligerent Occupation: No change in sovereignty.
Note: Since the political laws were merely suspended, they were subject to revival upon the return of the sovereign under the DOCTRINE OF JUS POSTILIMINUM.
SOVEREIGNTY Sovereignty is the supreme and uncontrollable power inherent in a state by which that state is governed. Kinds: Legal55 Political56 Internal57 External58 Characteristics: It is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible.59
Note: These characteristics are only true in DOMESTIC SPHERES but NOT in with respect to INTERNATIONAL LAW.
Q. A.
Distinguish sovereignty from dominion. Sovereignty is the right to exercise the functions
of a State to the exclusion of any other State. It is often referred to as the power of imperium, which is defined as the government authority possessed by the State. On the other hand, dominion, or dominium, is the capacity of the State to own or
55
Cruz: Legal sovereignty is the authority which has the power to issue final commands. In our country, the Congress is the legal sovereign. Bernas: Legal sovereignty is the supreme power to affect legal interests either by legislative, executive or judicial action. This is lodged in the people but is normally exercised by state agencies. 56 Sum total of all the influences of a State, legal and nonlegal which determine the course of law 57 It refers to the power of the State to control its domestic affairs. It is the supreme power over everything within its territory. 58 Also known as Independence; which is freedom from external control. It is the power of State to direct its relations with other States. 59 Laurel v. Misa, 77 Phil 856.
Q. A.
What is the Doctrine of Jus Postiliminum?
Those taken beyond boundary will lose their status but will regain upon its return to the boundary. GENERAL RULE: The rule that political laws are merely suspended does NOT APPLY to the members of the Armed Forces who remained subjects of
60
Separate Opinion, Kapunan, J., in Isagani Cruz v. Secretary of DENR, G.R. No. 135385, Dec. 6, 2000, En Banc 61 Taada vs. Angara GR. No. 118295 May 1997
62
CONSTITUTION, Article 2 Section 2

Articles of War as the National Defense Act, even during the Japanese occupation. Such rule applies only to the CIVILIANS in the occupied territory.63 EXCEPT: Law on TREASON (breach of allegiance to sovereign as shown by the external acts of giving aid to the enemies). It is a species of political law yet it remained valid and effective because it is a war offense64
Note: As for judicial decisions the same are valid during the occupation and even beyond except those of a political complexion, which are automatically annulled 65 upon the restoration of the legitimate authority.
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acts whether within or outside its territory (e.g. Art. 15, CC) 3. Extra-territorial jurisdiction- authority of the State over persons, things, or acts, outside its territorial limits by reason of their effect to its territory Juristic Theory of Sovereignty The legalistic and analytical view of sovereignty considers the state as a corporate entity, a juridical person. It takes the state purely as a legal organism. It does not have anything to do at all with its social and historical background. Sovereignty resides in the PEOPLE The people in the sense in which it is used here refers to the entire citizenry considered as a unit.
Effect of Revolutionary Government: It is bound by no constitution. However, it did not repudiate the Covenant or Declaration in the same way it repudiated the Constitution. As the de jure government, the revolutionary government could not escape responsibility for the States good faith compliance with its treaty obligations under international law. During the interregnum when no constitution or Bill of Rights existed, directives and orders issued by government officers did not exceed the authority granted them by the revolutionary government. The directives or orders should not have also violated the Covenant or the Declaration.
66
Q. A.
What constitutes an Act of the State?
An act of state is done by the sovereign power of a country, or by its delegate, within the limits vested in him. It cannot be questioned or made the subject of legal proceedings in a court of law.
Note: Within particular reference to Political Law, an act of State is an act done by the political departments of the government and not subject to judicial review. An illustration is the decision of the President, in the exercise of his diplomatic power, to extend recognition 68 to a newly-established foreign State or government.
Jurisdiction Jurisdiction is the manifestation of sovereignty. The jurisdiction of the state is understood as both its authority and the sphere of the exercise of that authority. Kinds: 1. Territorial jurisdiction- authority of the state to have all persons and things within its territorial limits to be completely subject to its control and protection67 2. Personal jurisdiction- authority of the state over its nationals, their persons, property, and
63
Q. A.
When are acts of persons considered State action covered by the Constitution? In constitutional jurisprudence, the act of persons distinct from the government are considered state action covered by the Constitution (1) when the activity it engages in is a public function; (2) when the government is so significantly involved with the private actor as to make the government responsible for his action; and (3) when the government has approved or authorized the action.69
RUFFY v. CHIEF OF STAFF, PHIL. ARMY ET AL., GR NO. L-533 August 1946 64 LAUREL v. MISA, GR NO. L-409, January 1947 65 Cruz, Philippine Political Law, p. 28 (1995 ed.) 66 Republic vs. Sandiganbayan, G.R. No. 104768, July 21, 2003 67 Exempt are: 1. Foreign states, heads of state, diplomatic representatives, and consuls to a certain degree; 2. Foreign state property, including embassies, consulates, and public vessels engaged in non-commercial activities; 3. Acts of state; 4. Foreign merchant vessels exercising the rights of innocent passage or involuntary entry, such as the arrival under stress; 5. Foreign armies passing through or stationed in its territory with its permission; 6. Such other persons or property, including organizations like the United Nations, over which it may, by agreement, waived jurisdiction
Doctrine of State Immunity
Q. What is the Doctrine of State Immunity? A. The constitution declares, rather superfluously,
that the State may not be sued without its consent. This provision is merely recognition of the sovereign character of the State and an express
68
69
Cruz, Philippine Political Law, p. 29 (1995 ed). Manila Prince Hotel v. GSIS, 267 SCRA 408 1997

affirmation of the unwritten rule insulating it from the jurisdiction of courts of justice. LEGAL BASIS: As has been aptly observed by Justice Holmes, a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. True, the doctrine, not too infrequently, is derisively called the royal prerogative of dishonesty because it grants the state the prerogative to defeat any legitimate claim against it by simply invoking its nonsuability. We have had occasion to explain in its defense, however, that a continued adherence to the doctrine of non-suability cannot be deplored, for the loss of governmental efficiency and the obstacle to the performance of its multifarious functions would be far greater in severity than the inconvenience that may be caused private parties, if such fundamental principle is to be abandoned and the availability of judicial remedy is not to be accordingly restricted.70 In the case of U.S v. Ginto, SC held that even if it is not expressly provided in Article 16 section 3, that the state may not be sued without its consent, still we would be bound by the said doctrine because it is one of the generally accepted principles of international law. This is an affirmation of our adherence to the doctrine of incorporation. That being the case, the doctrine of state immunity also becomes part of the laws of the land.71
Note: The Doctrine of State Immunity from Suit also applies to foreign governments; you cannot sue them before our local courts, unless it waves its immunity from suit. The added basis in this case is the principle of sovereign equality of the States, under which one State cannot assert jurisdiction over another in violation of 72 the maxim par in parem non habet imperium.
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Note: The distinction between principles and polices is of little significance because not all of the six principles are self-executory and some of the 73 policies already anchor justiciable rights.
Q. What
are self-executing and non-self executing provisions of the Constitution?
A. A provision which lays down a general principle,

such as those found in Article II of the 1987 Constitution, is usually not self-executing. But a provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected, is self-executing. Thus a constitutional provision is self-executing if the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the 74 subject is referred to the legislature for action.
PRINCIPLES75
Democracy and Republicanism Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Republic is a representative government run by the people and for the people. Republican state is a state wherein all government authority emanates from the people and is exercised by representatives chosen by the people. Manifestations of Republicanism 1. Ours is a government of laws and not of men.76 2. Rule of Majority (Plurality in elections) 3. Accountability of public officials 4. Bill of Rights 5. Legislature cannot pass irrepealable laws 6. Separation of powers Democratic State In the view of the new Constitution, the Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as initiative and referendum. The word democratic is also a monument to the February Revolution which re-won freedom through direct action of the people.
73
Q. How is the state immunity from suit waived? A. First, by express waiver through the enactment
by Congress of a general or special law. Second is by implied waiver.
Fundamental Principles and State Policies
70
Department of Agriculture v. NLRC, 227 SCRA 693, Nov. 11, 1993

71 72
Sandoval, 2008: Pre-bar Lecture in Political Law

Cruz, Philippine Political Law, p. 29 (2001 ed.)
Bernas Commentary, p 37(2003 ed.). Manila Prince Hotel v. GSIS, 267 SCRA 408, 1997 75 Principles are binding rules which must be observed in the conduct of the government. 76 Villavicencio v. Lukban, 39 Phil 778
74
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Constitutional Authoritarianism Constitutional authoritarianism as understood and practiced in the Marcos regime under the 1973 constitution was the assumption of extraordinary powers by the President, including legislative and judicial and even constituent powers.77
law of the land either by express provision of the Constitution or by means of judicial declaration or fiat. The doctrine is applied whenever municipal tribunals or local courts are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the Constitution or statute of a State.
Note: Efforts should first be exerted to harmonize them so as to give effect to both. In case of conflict between international law and municipal law, the latter shall prevail. However, the doctrine dictates that rules of international law are given equal standing with, and are not superior to, national legislative enactments.
Q.
Is constitutional authoritarianism compatible with a republican state?
A. Yes if the Constitution upon which the Executive

bases his assumption of power is a legitimate expression of the peoples will and if the Executive who assumes power received his office through a valid election by the people.78
Doctrine of Auto-limitation It is the doctrine where the Philippines adheres to principles of international law as a limitation to the exercise of its sovereignty. Lex posterior derogate prioriin States where the constitution is the highest law of the land, both statutes and treaties may be invalidated if they are in conflict with the Constitution.79 Philip Morris, Inc. vs. CA, the fact that the international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere.
Renunciation of War/ Incorporation Clause

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. (Art. 2 Sec.2)
Three (3) parts:
1. Renunciation of warthe power to wage a defensive war is of the very essence of sovereignty; 2. Adoption of the principles of international law; 3. Adherence to a policy of peace, equality, justice, freedom, cooperation & amity
The second part is nothing more than a formal acceptance of a principle to which all civilized nations must conform. The third part is called the selfish policythe guiding principle of Philippine foreign policy is the national interest. However, this is tempered with concern for equality, peace, freedom and justice.
Note: The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not renounce defensive war. As member of United Nations, the Philippines does not merely renounce war but adheres to Article 2(4) of the UN charter which says: All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with Purposes of the United Nations.
Civilian Supremacy Clause (1) Civilian authority is, at all times, supreme over the military. The (2) Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. (Art. 2 Sec. 3) This defines the role of the armed forces in the state. 1. As protector of the people and the State; 2. To secure the sovereignty of the State and the integrity of the national territory; 3. They may be called to prevent or suppress lawless violence, invasion or rebellion; 4. All Members of the armed forces shall take an oath or affirmation to uphold and defend the Constitution
Q. Does this mean that the military has no military

role?
Doctrine of Incorporation The doctrine where the generally accepted principles of international law are made part of the
77 78
A. Bernas: The military exercise of political power

can be justified as a last resortwhen civilian authority has lost its legitimacy.
79
Bernas Primer at 12 (2006 ed.) Ibid.,
Secretary of Justice vs. Lantion, G.R. No. 139465, January 18, 2000
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Q.
Is the PNP covered by the same mandate under Article II, Section 3?
A. No. This provision is specifically addressed to

the AFP and not to the PNP, because the latter is separate and distinct from the former. 80
Note: The lead statement in this provision is the civilian supremacy clause. Besides, this is backed up by Art.2 Sec.1 The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Q.
The President issued Letter of Instruction (LOI)
ordering the deployment of members of the Philippine Marines in the metropolis to conduct joint visibility patrols with members of the Philippine National Police in various shopping malls. Will this not violate the civilian supremacy clause under Section 3, Article II of the Constitution? Does this not amount to an "insidious incursion" of the military in the task of law enforcement in violation of Section 5(4), Article XVI of the Constitution?
In this regard, it is not correct to say that General Angelo Reyes, Chief of Staff of the AFP, by his alleged involvement in civilian law enforcement, has been virtually appointed to a civilian post in derogation of the aforecited provision. The real authority in these operations, as stated in the LOI, is lodged with the head of a civilian institution, the PNP, and not with the military. Such being the case, it does not matter whether the AFP Chief actually participates in the Task Force Tulungan since he does not exercise any authority or control over the same. Since none of the Marines was incorporated or enlisted as members of the PNP, there can be no appointment to a civilian position to speak of. Hence, the deployment of the Marines in the joint visibility patrols does not destroy the civilian character of the PNP. Considering the above circumstances, the Marines render nothing more than assistance required in conducting the patrols. As such, there can be no insidious incursion of the military in civilian affairs nor can there be a violation of the civilian supremacy clause in the Constitution. It is worth mentioning that military assistance to civilian authorities in various forms persists in Philippine jurisdiction. The Philippine experience reveals that it is not averse to requesting the assistance of the military in the implementation and execution of certain traditionally civil functions. X xx some of the multifarious activities wherein military aid has been rendered, exemplifying the activities that bring both the civilian and the military together in a relationship of cooperation, are:
a) Elections; b) Administration of the Philippine National Red Cross; c) Relief and rescue operations during calamities and disasters; d) Amateur sports promotion and development; e) Development of the culture and the arts; f) Conservation of natural resources; g) Implementation of the agrarian reform program; h) Enforcement of customs laws; i) Composite civilian-military law enforcement activities; j) Conduct of licensure examinations; k) Conduct of nationwide tests for elementary and high school students; l) Anti-drug enforcement activities; m) Sanitary inspections; n) Conduct of census work; o) Administration of the Civil Aeronautics Board; p) Assistance in installation of weather forecasting devices;
A.
The deployment of the Marines does not
constitute a breach of the civilian supremacy clause. The calling of the marines in this case constitutes permissible use of military assets for civilian law enforcement. x x x The limited participation of the Marines is evident in the provisions of the LOI itself, which sufficiently provides the metes and bounds of the Marines' authority. It is noteworthy that the local police forces are the ones in charge of the visibility patrols at all times, the real authority belonging to the PNP. In fact, the Metro Manila Police Chief is the overall leader of the PNPPhilippine Marines joint visibility patrols. Under the LOI, the police forces are tasked to brief or orient the soldiers on police patrol procedures. It is their responsibility to direct and manage the deployment of the Marines. It is, likewise, their duty to provide the necessary equipment to the Marines and render logistical support to these soldiers. In view of the foregoing, it cannot be properly argued that military authority is supreme over civilian authority. Moreover, the deployment of the Marines to assist the PNP does not unmake the civilian character of the police force. Neither does it amount to an insidious incursion of the military in the task of law enforcement in violation of Section 5[4], Article XVI of the Constitution.
80
Record of the Constitutional Commission, Volume V, p. 296; Manalo v. Sistoza, 312 SCRA 239

q) Peace and order policy formulation in local government units.
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Note: Section 5 is not a self-executing provision. It is merely a guideline for legislation.82 Right to bear arms The right to bear arms is a statutory, not a constitutional right. The license to carry a firearm is neither a property nor a property right. Neither does it create a vested right. Even if it were a property right, it cannot be considered absolute as to be placed beyond the reach of police power. The maintenance of peace and order, and the protection of the people against violence are constitutional duties of the State, and the right to bear arms is to be construed in connection and in harmony with these constitutional duties.83
This unquestionably constitutes a gloss on executive power resulting from a systematic, unbroken, executive practice, long pursued to the knowledge of Congress and, yet, never before questioned. What we have here is mutual support and cooperation between the military and civilian authorities, not derogation of civilian supremacy. In the United States, where a long tradition of suspicion and hostility towards the use of military force for domestic purposes has persisted and whose Constitution, unlike ours, does not expressly provide for the power to call, the use of military personnel by civilian law enforcement officers is allowed under circumstances similar to those surrounding the present deployment of the Philippine Marines.81
Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.
Separation of Church and State

Section 6. The separation of Church and State shall be inviolable.
Rationale: Strong fences make good neighbors. The idea is to delineate boundaries between the two institutions and thus avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions.84 Separation of Church and State is reinforced by: 1. Freedom of Religion Clause (Article III, Section 5); 2. Religious sect cannot be registered as a political party (Article IX-C, Section 2(5)); 3. No sectoral representatives from the religious sector. (Article VI, Section 5 (2)); 4. Prohibition against appropriation sectarian benefit (Article VI, 29(2)) Exceptions: 1. Churches, parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from taxation. (Article VI, Section 28(3)); 2. When priest, preacher, minister or dignitary is assigned to the armed forces, or any penal institution or government orphanage or leprosarium, public money may be paid to them. (Article VI, Section 29(2)); 3. Optional religious instruction for public elementary and high school students (Article XIV, Section 3(3)); 4. Filipino ownership requirement for education institutions, except those established by against
Q. Do the Philippines renounces defensive war? A.

No, because it is duty bound to defend its citizens. Under the Constitution, the prime duty of the government is to serve and protect the people. Posse Commitatusit is the power of the state to require all able-bodied citizens to perform civic duty to maintain peace and order. In People vs. Lagman, 66 Phil. 13, the accused in this case, prosecuted for failure to register for military service under the National Defense Act, assailed the validity of the Act. The Supreme Court upheld the law on the basis of the compulsory military and civil service provision of then 1935 Constitution. It said that: x x x. The duty of the Government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty to the Government excusable should there be no sufficient men who volunteer to enlist thereinx x x the right of the Government to require compulsory military service is a consequence of its duty to defend the State and is reciprocal with its duty to defend the life, liberty, and property of the citizen. x x x.
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
82
81
IBP v. Hon. Ronaldo B. Zamora, G.R. No. 141284, Aug. 15, 2000, En Banc [Kapunan]
Kilosbayan v. Morato Chavez v. Romulo, 2004 84 Cruz, Philippine Political Law, p. 65 (1995 ed).
83

religious groups and mission boards (Article XIV, Section 4(2)). An ecclesiastical affair involves the relationship between the church and its members and relates to matter of faith, religious doctrines, worship and governance of the congregation. Examples of these affairs in which the State cannot meddle are proceedings for excommunication, ordination of religious ministers, administration of sacraments, and other activities to which is attached religious significance. In this case, what is involved is the relationship of the church as an employer and the minister as an employee. It is purely secular and has no relation whatsoever with the practice of faith, worship or doctrine of the church.85 STATE POLICIES86
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination.
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Social Justice
Section 10. The State shall promote social justice in all phases of national development.
Definition of Social Justice Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of the laws and the equalization of the social and economic force by the State so that justice in its rational and objectively secular conception may at least be approximated. (Calalang v. Williams) Social justice simply means the equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life.88
Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before the law of women and men. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
Freedom from Nuclear Weapons

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Scope of Policy The policy includes the prohibition not only of the possession, control, and manufacture of nuclear weapons but also nuclear arms tests. Exception to the Policy Exception to this policy may be made by the political department but it must be justified by the demands of the national interest. The policy does not prohibit the peaceful use of nuclear energy. Implication of the Policy for the Presence of American Troops Any new agreement on bases or the presence of the troops, if ever there is one, must embody the basic policy of freedom from nuclear weapons. Moreover, it would be well within the power of government to demand ocular inspection and removal of nuclear arms.87
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
Balanced and Healthful Ecology

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Q. Is the right to a balanced and healthful ecology

any less important than any of the civil and political rights enumerated in the Bill of Rights? Explain.
A.
85
Austria vs. NLRC and CPU Mission Corp. of the 7th Day Adventists, G.R. No. 124382, August 16, 1999 86 Policies are guidelines for the orientation of the state. 87 Bernas Primer at 15 (2006 ed.)
While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights for it concerns nothing less than
88
Bernas Primer at 16 (2006 ed.)

self-preservation and self-perpetuation. These basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. 89 On this basis too, the SC upheld the empowerment of the Laguna Lake Development Authority (LLDA) to protect the inhabitants of the Laguna Lake Area from the deleterious effects of pollutants coming from garbage dumping and the discharge of wastes in the area as against the local autonomy claim of local governments in the area. (LLDA v.CA, 1995)
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Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Self-reliant and independent Economy

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
Q. The Province of Palawan and the City of Puerto

Princesa enacted ordinances prohibiting the catching and/or exportation of live tropical fishes, and imposing penalties for violations thereof, in order to stop the illegal practice of cyanide fishing which destroys the corals and other marine resources. Several fishermen apprehended for violating the ordinances in question challenged their constitutionality contending that the ordinances violated their preferential right as subsistence and marginal fishermen to the use of our communal marine resources guaranteed by the Constitution, under Section 7, Article XIII. Will you sustain the challenge?
This is a guide for interpreting provisions on national economy and patrimony. Any doubt must be resolved in favor of self-reliance and independence and in favor of Filipinos.
A petrochemical industry is not an ordinary investment opportunities, it is essential to national interest. (The approval of the transfer of the plant from Bataan to Batangas and authorization of the change of feedstock from naptha only to naptha and/or LPG do not prove to be advantageous to the government. This is a repudiation of the independent policy of the government to run its own affairs the way it deems best for national interest.) 91
Q. Does the Constitutional policy of a self-reliant

and independent national economy rule out foreign competition?
A.
The preferential right of subsistence or marginal fishermen to the use of marine resources is not absolute. In accordance with the Regalian Doctrine, marine resources belong to the State, and, pursuant to the first paragraph of Section 2, Article XII of the Constitution, their exploration, development and utilization x x x shall be under the full control and supervision of the State. Moreover, their mandated protection, development and conservation x x x imply certain restrictions on whatever right of enjoyment there may be in favor of anyone. What must be borne in mind is the State policy enshrined in the Constitution regarding the duty of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature (Section 16, Article II). The ordinances in question are meant precisely to protect and conserve our marine resources to the end that their enjoyment may be guaranteed not only for the present generation, but also for the generations to come. The right to a balanced and healthful ecology carries with it a correlative duty to refrain from impairing the environment.90
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
89 90
A.
The constitutional policy of a self-reliant and independent national economy does not necessarily rule out the entry of foreign investments, goods and services. It contemplates neither economic seclusion nor mendicancy in the international community. Aside from envisioning a trade policy based on equality and reciprocity, the fundamental law encourages industries that are competitive in both domestic and foreign markets, thereby demonstrating a clear policy against a sheltered domestic trade environment, but one in favor of the gradual development of robust industries that can compete with the best in the foreign markets.92 (Tanada v. Angara, 272 SCRA 18 [1997])
Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarian reform. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
Oposa v. Factoran, Jr., 224 SCRA 792 [1993] Tano v. Gov. Salvador P. Socrates, G.R. No. 110249, Aug. 21, 1997
91 92
Garcia v. BOI Tanada v. Angara, 272 SCRA 18 [1997]

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. Section 25. The State shall ensure the autonomy of local governments. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. (Art. 2 Sec. 26)
2010
Montesquieu. By the establishment of the American sovereignty in the Philippines, the principle was introduced as an inseparable feature of the governmental system organized by the United States in this country.97
Q. What is the Doctrine of Separation of Powers? A. The doctrine of separation of powers is intended to
prevent a 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; intended to (1) secure action, (2) forestall overaction, (3) prevent despotism, (4) obtain efficiency; characteristic of despotism. Note: It is the interdependence among the three branches of the government. BLENDING OF POWERS powers are not confined exclusively within one department but are in fact assigned to or shared by several departments Examples: 1) Power of appointment which can be exercised by each department and be rightfully exercised by each department over its own administrative personnel 2) General Appropriations Law President prepares the budget which serves as the basis of the bill adopted by Congress 3) Amnesty granted by the President requires the concurrence of the majority of all the members of the Congress 4) COMELEC does not deputize law-enforcement agencies and instrumentalities of the government for the purpose of ensuring free, orderly, honest, peaceful and credible elections alone (consent of the President is required)
Note: Section 26 of Article II neither bestows a right nor elevates the privilege to the level of an enforceable right. Like the rest of the policies enumerated in Article II, the provision does not contain any judicially constitutional right but merely specifies a guideline for legislative or an executive action. The disregard of this provision does not give rise to any cause of action 93 before the courts
Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
Principle of Separation of Powers Essence: In essence, separation of powers means that legislation belongs to Congress, execution to the executive, settlement of legal controversies to the judiciary. Each is prevented from invading the domain of others.94
Division and Assignment: Its starting point is the assumption of the division of the functions of the government into three distinct classesthe executive, the legislative and the judicial. Its essence consists in the assignment of each class of functions to one of the three organs of government.95 Rationale: The underlying reason of this principle is the assumption that arbitrary rule and abuse of authority would inevitably result from the concentration of the three powers of government in the same person, body of persons or organ.96 History: Separation of powers became the pith and core of the American system of government largely through the influence of the French political writer
93
Limitations: 1. System of Checks and Balances 2. Existence of overlapping powers98

Note: Doctrine of separation of powers is the collar system of checks and balances
Pamatong vs COMELEC, G.R. No. 161872, April 2004
97 98
94 95
Bernas, Commentary 656, 2003 ed. Vicente Sinco, Philippine Political Law 131, 10th ed., 1954. 96 Vicente Sinco, Philippine Political Law 131, 10th ed., 1954.
US v. Bull, 15 Phil 7, 27. The power of appointment is one of these. Although this is executive in nature, it may however be validly exercised by any of the three departments in selecting its own subordinates precisely to protect its independence.

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Notes in Political Law

A. Political Law Defined. That branch of public law

Vicente Sinco, Philippine Political Law 2, 10th ed., 1954.

People v. Perfecto, 43 Phil. 887

J. Malcom, Phil. Constitutional Law p.6

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Notes in Political Law

2 |Teope, Lim &Bagaporo

Notes in Political Law

What is the effect unconstitutionality of a law?

A. An unconstitutional act is not a law; it confers no

Partial Unconstitutionality Requisites:

3 |Teope, Lim &Bagaporo

Notes in Political Law

F. Principle of Non-delegation of Powers

Article VI Section 28 (2). Article VI Section 23 (2)

4 |Teope, Lim &Bagaporo

Notes in Political Law

Araneta vs. Dinglasan

5 |Teope, Lim &Bagaporo

Notes in Political Law

6 |Teope, Lim &Bagaporo

Notes in Political Law

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Notes in Political Law

ethical being and an abstract concept cannot commit any wrong.

What is the Doctrine of Parens Patriae?

Distinguish De Jure from De Facto Government.

Q. What if the government performs an act that

A. No. The mandate of the state to the

8 |Teope, Lim &Bagaporo

Notes in Political Law

Q. Do you consider the Spratlys group of Islands as

A. Yes. Article I of the Constitution provides: The

Bernas Primer at 9 (2006 ed.)

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Notes in Political Law

Q. Differentiate archipelagic waters, territorial sea

A. According to UNCLOS, Archipelagic waters refers

Note: Doctrine of Effective Occupationdiscovery

Distinguish the flag state and the flag of convenience

10 |Teope, Lim &Bagaporo

Notes in Political Law

A. Flag state means a ship has the nationality of the

acquire property such as lands and natural resources.60

What is the Doctrine of Jus Postiliminum?

CONSTITUTION, Article 2 Section 2

11 |Teope, Lim &Bagaporo

Notes in Political Law

What constitutes an Act of the State?

Doctrine of State Immunity

12 |Teope, Lim &Bagaporo

Notes in Political Law

are self-executing and non-self executing provisions of the Constitution?

A. A provision which lays down a general principle,

Fundamental Principles and State Policies

Department of Agriculture v. NLRC, 227 SCRA 693, Nov. 11, 1993

Sandoval, 2008: Pre-bar Lecture in Political Law

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Notes in Political Law

Is constitutional authoritarianism compatible with a republican state?

A. Yes if the Constitution upon which the Executive

Renunciation of War/ Incorporation Clause

Three (3) parts: