POLITICAL LAW CHAPTER 1

Scope of the Study

Political Law- is the branch or division of public law, which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory (People vs Perfecto, 43 Phil. 887) - it embraces Constitutional Law I and II, Administrative Law, Law of Public Officers, Election Law, and the Law on Municipal Corporations

Constitutional Law- is a study of the structure and powers of the Government of RP - deals with certain basic concepts of Political Law, such as the nature of the state, supremacy of the Constitution, separation of powers, and rule of majority.

Why study political law?

Primarily because every citizen regarding of his/her calling, should understand the mechanics and motivations of his Government, this is due to the fact that sovereignty resides in the people and all government authority emanates from them. (Constitutionl of 1987, Art. 2, Sec 1) Also, it is through the active involvement of every Filipino in public affairs through which the success of RP will depend on. That is why the fundamental law provides that all education institutions shall include the study of the constitution in its curricula (Article X, Sec. 3 {1}).

Basis of the Study of Constitutional I present Constitution of the Philippines as adopted on Feb. 2, 1987 also consider pertinent statutes, executive orders and decrees, judicial decisions as well as current political events where law are applied or misapplied provisions that have been retained as a whole or with modifications in the new Constitution Constitutions of 1935 and 1973 (served as working drafts) Constitution of the US, along with relevant rulings of its Supreme Courts,

also Bill of Rights which have been incorporated in the present Constitution. (Imported provisions of laws, are a general rule, interpreted in the light of their understanding in the country of origin. Background of the Study

Inhabitants of the Philippines were originally consisted of dissimilar tribes scattered throughout the islands of the country and were governed by a system of laws promulgated by a datu or council of elders unless it falls under a foreign power.

Discovery of Magellan of the country brought the people of the territory under the common rule of Spain.

June 12, 1898- Independence January 29, 1899- establishment of 1st Philippines Republic with Aguinaldo as Pres. through the Malolos Constition

After the Spanish regime, came the Americans who first organized a military government where executive, legislative, and judicial authority was consolidated. This resulted to protests from American libertarians concerned over the nonobservance of separation of powers. Thus, steps were taken for the transition from military to civilian rule.

First Step: Schurman Commission or the 1st Phil. Commission- fact-finding survey of the Philippines Islands and submit recommendations to the US Congress

Second Step: Taft Commission (substituted Schurman) or 2nd Phil. Commission - took over some of the legislative, executive, and judicial powers of the military governor

July 1, 1901- pursuant of Spooner Amendment, civil gov. was established in the country with William Howard Taft as governor.

Philippine Bill of 1902, Philippine Assembly was created in 1907 to sit with the Phil. Commission in a bicameral legislature. Sergio Osmena was elected Speaker.

1916- Philippine Autonomy Act (Jones Law)- established inter alia, Philippine Legislature (Senate {Quezon} House of Rep {Osmena})

until 1935

Jones law was supplanted by the Tydings-McDuffie Act, which authorized the establishment of the Commonwealth of the Phil. A Constitutional Convention framed the 1935 Constitution, which was ratified on May 14 and led to the inauguration of the Comm. Government on Nov. 15, 1935 (Quezon- Pres; OsmenaVice)

Tydings-McDuffie Act promised independence if Filipinos could prove their capacity for democratic government during a ten year transition.

July 4, 1946- US withdrew its sovereignty over Philippines. Manuel Roxas asserted this freedom and proclaimed the Republic of the Philippines. After this, the Philippines would go through a rough course which almost led to the establishment of anarchic system. It was at the height of this unrest that the Constitutional Convention of 1971 was convoked and started deliberations on the revision of the 1935 Consti and the fashioning of 1973 Consti.

September 21, 1972- Marcos issued Proclamation No. 1081 placing Phil. Under martial law

November 30, 1972- draft of the 1973 Constitution was formally approved by the Constitutional Convention and during a series of meetings held on Jan. 10-15, 1973, was submitted to the Citizens Assemblies for ratification.

January 17, 1973- Marcos issued Proclamation No. 1102, Constitution of 1973 had been ratified by an overwhelming majority of the people and thus become effective. Ratification Cases (Javella vs Executive Secretary, 50 SCRA 33)- issues of validity of the 1973 Constituion; dismissed by SC

Habeas Corpus Cases (Aquino vs Enrile, 59 SCRA 183)- SC unanimously upheld the proclamation of martial by the Pres. Of Phil.

January 17, 1981- Marcos issued Proclamation No. 2045 lifting Martial Law, however he retained what he call his standby legislative powers under several decrees he had promulgated earlier, principally the National Security Code and Public Order Act.

1985- fresh mandate from the People, Marcos submitted a questionable resignation that was to be effective on the 10th day following the proclamation of the winners in the snap election. The election was challenged (Phil. Bar Association vs. COMELEC, GR No 72915) on the ground inter alia, Article VII, Section 9 (call of a special election before the expiration of Marcos term should be before not after). Predictably, SC denied petition and sustained the resignation and call.

Feb. 7, 1986- schedule of snap elections Marcos and Arturo Tolentino won; followed by a massive outcry from people who felt that the opposition candidates were the real winners

Feb. 22, 1986- Defense Minister Juan Enrile and General FVR, began what would later be know the people power that led to the ouster of Marcos and replaced by Corazon Aquino and running mate Salvador Laurel, inducted Feb. 25, 1986

Promulgation of Freedom Constitution- one of the first acts of the new Pres. to be in force pending the adoption of a new Constitution as to be drafted by the Constitutional Commission, which Aquino created

Constitutional Commission- body that approved the draft of the new charter and was submitted to the people at a plebiscite on Feb. 2, 1987 and was ratified by a vote of 16,605,425 (76.29%) in favor again 4,949,901 (22.74%)

In line with the new constitution, elections for the revised Congress of the Phil was held on May 11, 1988. Local offices scheduled later that year.

May 11, 1992- elections for Pres and Vice and 24 senators, house reps and local officials. Fidel Ramos and Joseph Estrada won. 1998 - Estrada was elected Pres. But later was impeached and on Jan. 20, 2001, GMA took oath at the same day Erap took Oath.

CHAPTER 2 The Constitution of the Philippines

1987 Constitution of the Philippines is the 4th fundamental law to govern the country since it became independent on July 4, 1946

1st: Commonwealth Constitution (1935) 2nd: Constitution of 1973 3rd: Freedom Constitution- corrected the shortcomings of the previous constitutions and eliminating all wicked residue of the past regime. Pres. Aquino through Proclamation No. 9 created Constitutional Commission composed of 50 members appointed by her. This 50 would frame a new charter not later than Sep. 2, 1986. The 50 appointed accepted and immediately took their mission under Justice Cecilia Munoz-Palma of SC. They came from various sectors and represented diverse persuasions, one reason why they did not meet the deadline and approve final draft on Oct. 15, 1986. Constitution promulgated during the Japanese occupation is not included.

The plebiscite was supposed to be scheduled sixty days but to give the people more time to study, it was changed to 3 months.

Pres. Aquino campaigned the proposed Constitution herself. Main argument of the proposed Consti was to restrict the powers of the President as provided in the Freedom Constitution

The draft was largely disorganized and consequently ineffective and many people doubted some of its provisions and its length which was likely a codification, nevertheless approved the proposed Consti for they felt that it would provide the stability in the country.

Outstanding Features

1) 1987 Consti- 18 articles and is excessively long compared to 1935 and 1973 Consti on which it was largely based

2) Many original provisions of 1935 Consti (particularly those pertaining to legislative and executive departments) were restored because of revival of the bicameral Congress of the Phil and the strict presidential system.

3) Independence of the judiciary have been strengthened and also increased its authority. It now covers political questions formerly beyond its jurisdictions.

4) Many provisions of 1973 have been retained such as those on Constitutional Commision and local governments

5) Bill of Rights of Commonwealth and Marcos Constitutions have been considerably improved and strengthened by the creation of Commission on Human Rights.

Why is the present Consti so long?

- inclusion of provisions that should have been embodied only in implementing statutes to be enacted by the legislature pursuant to the basic constitutional principles - its length, verbosity and consequent prolixity was the reason that have dampened popular interest in what should be a common concern of the nation. - length deterred people from reading it much less trying to understand its contents and motivations

In some portions of the Consti, it sounds like a political speech rather than a formal document stating only basic precepts (full of platitudes/clichs) especially on policies on social justice and national economy

Worst, inclusion of certain topics that have no place in a Constitution like sports, love,

drugs and even advertising and also mention of the rhythm and harmony of nature (Constitution, Article II, Sec. 16)

Worse of all, use of tortuous (complex) language such as that of Article XVI, Section 10

Thus, there is a question if the people really read and understood the Constitution given the abovementioned flaws.

Supremacy of the Constitution

Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest official of the land, must defer.

No act shall be valid, however noble its intentions, if it is in conflict with the Constitution.

Expediency (means of attaining an end, although pratical it is improper) is not allowed to weaken its strength nor greed for power humiliate its rectitude/righteousness.

Right or wrong, it must be upheld as long as it has not been changed by the sovereign people.

Prospects of the Constitution The constitution must be quintessential rather than superficial, the root and not the blossom, the base and framework only of the edifice that is yet to rise. It is but the core of the dream that must take shape, not in a twinkling by mandate of our delegates, but slowly 'in the crucible of Filipino minds and hearts,' where it will in time develop its sinews and gradually gather its strength and finally achieve its substance. In fine, the Constitution cannot, like the goddess Athena, rise full-grown from the brow of the constitutional convention, nor can it conjure by mere fiat an instant Utopia. It must grow with the society it seeks to re-structure and march apace with the progress of the race, drawing from the vicissitudes of history and dynamism and vitality that will keep it. far from becoming a petrified rule, a pulsing living law attuned to the heartbeat of the nation.1 Constitutions are designed to meet not only the vagaries of contempo-rary events. They should be interpreted to cover even future and unknown circumstances.2 In fact,

one of the essential characteristics of a good Constitution is that it must be broad enough to meet future contingencies and apply to divergent needs of its subjects. In other words, the Constitution did not intend to pursue an isolationist policy. It did not shut out foreign investments, goods, and services in the development of the Philippine economy. While the Constitution does not encourage the unlimited entry of foreign goods, services, and investments into the country, it does not prohibit them either. In fact, it allows an exchange on the basis of equality and reciprocity, frowning only on foreign competition that is unfair.3

CHAPTER 3 CONCEPT OF THE STATE

State, defined.

State- community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitant render habitual obedience.

Nation- used interchangeably with State Eg. United Nations or the Family of Nations (actually consists of states) Two concepts have different connotations.

According to Hackworth, nation as evidence by its etymology (nasci-to be born) indicates a relation of birth or origin and implies common race, usually characterized by community of language and customs. State on the other hand, is a legal concept while nation is only a racial or ethnic concept.

A nation may comprise several states such as the Arab nation is composed og Egypt, Iraq, Saudi Arabia, etc. Also, a state may be made up of more than one nation such as the case of US, which was a melting pot of many nations and amalgamated into American Nation, or that of UK (Wales, Scotland, Northern Ireland) or Malaysia. Thus, a nation need not be a state at all as demonstrated by the Jews before the creation of the State of Israel.

State vs Government Government is only an element of the State.

Elements of the State

People Territory Governmen Sovereignty

1. People- inhabitants of the State; must be numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained. - must be more comprehensive and less cohesive than the nation - share certain characteristics such as common language, religion, set of customs and traditions that will unite them Malcolm defines a nation as a people bound together by common attractions and repulsions into a living organism possessed of a common pulse, common intelligence and inspirations, and destined apparently to have a common history and fate.

2. Territory- fixed portion of the surface of the earth inhabitated by the people of the State

Practical requirement: not too big as to be difficult to administer and defend or too small as unable to provide for the needs of the population

Components: land mass (terrestrial domain)

inland and external waters (maritime and fluvial domain) air space (aerial domain)

Article I of the Constitution 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 seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. The above provision have minor changes of the 1973 Constitution. The present article physically lists the components of our territory and so deemphasizes recollections of our colonial past. The article has deleted reference to the territories we claim by historical or legal title but doesnt mean outright or formal abandonment of such claim, it was just given to judicial body capable of passing judgment over the issue. The second sentence of Article I in an affirmation of the archipelago doctrine underwhich we connect the outermost points of our archipelago. The entire archipelago is regarded as one integrated unit rather than fragmented islands. As for territorial seas, these are now defined according to the Jamaica Convention on the Law of the Sea ratified in 1994. Article I covers the ff: 1. Those ceded to the United States by virture of the Treaty of Paris of Dec. 10, 1898 2. Those defined in the treaty concluded between the US and Spain on Nov. 7, 1900, which were not defined in the Treaty of Paris specifically the islands of Cagayan , Sulu, and Sibuto. 3. Those defined in the treaty concluded on Jan 2, 1930 between the US and Great Britain, specifically the Turtle and Mangsee islands. 4. The island of Batanes, which was covered under a general statement in the 1935 Constitution. 5. Those contemplated in the phrase belonging to the Phil. By historic right or legal title in the 1973 Consti. 3. Government- is the agency or instrumentality through which the will of the state is formulated, expressed, and realized (Poindexter vs Greenhow) No particular form of government is prescribed provided that the gov is able to represent the State in its dealing with other States.

Our constitution, requires our government to be democratic and republican. Mandate of government from the State is to promote welfare of the people. So every good done by the government is attributed to the State but every harm inflicted on the people is imputed not to the state but to the government only. Injury may justify the replacement of the gov by a revolution, theoretically at the will of the State, in a development know as direct State action

FUNCTIONS

To wit, the CONSTITUENT and the MINISTRANT

Constituent functions constitute the very bonds of society and are therefore compulsory such as the ff:

1. Keeping of order and providing for the protection of persons and property from violence and robbery 2. Fixing of legal relations between husband and wife and between parents and children 3. Regulation of the holding, transmission and interchange of property, and the determination of its liabilities for debt or crime 4. Determination of contractual rights between individuals 5. Definition and punishment of crimes 6. Administration of justice in civil cases 7. Administration of political duties, privileges and relations of citizens. 8. Dealings of the state with foreign powers, the preservation of the State from external danger or encroachment and the advancement of its international interest

Ministrant functions are those undertaken to advance the general interest of the society such as public works, public charity, and regulation of trade and industry

- it is optional, significantly though, it is the performance of ministrant functions that distinguishes paternalistic government from the merely individualistic government which is only concerned with the basic function of maintaining peace and order

However, to our Supreme Court, the distinction between the two is not relevant. See PVTA vs CIR, it reiterated the ruing in ACCFA vs Federation of Labor Unions that such distinction has been blurred because of the repudiation/denial of the laissez faire policy (a policy or attitude of letting things take their own course, without interfering. a policy or attitude of letting things take their own course, without interfering.)

That is why it is now obligatory on the state itself to 1) promote social justice, 2) to provide adequate social services to promote a rising stand of living, 3) to afford protection to labor, formulate and implement urban and agrarian reform programs, 4) to offer free elementary and secondary education, 5) to promote scientific research and invention, 6) patronize arts and letter and develop Filipino culture for national identity. These functions while traditionally regarded as merely ministrant and optional, have been made compulsory by the Consti. .

Parens Patriae or Guardian of the Rights of the People - one of the important tasks of the government See Government of the Philippine Islands vs. Monte de Piedad Also, Cabanas vs Pilapil

De Jure and De Facto Governments

Regardless of their form, they are either de jure or de facto. De Jure- has rightful title but no power or control, either because this has been withdrawn from it or because it has nit yet actually entered into the exercise thereof De Facto- is a government of fact, that is actually exercises power or control but without legal title

3 Kinds of De Facto government:

1. the government that gets possession and control of, or usurps by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; 2. that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state; and 3. that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force. (Ko Kim Chan vs, Valdez Tan Keh) The Second Republic of the Philippines was a de facto government of paramount force, having been established by the Japanese belligerents. On the other hand, in a decision rendered by the Supreme Court it declared that the government under Corazon Aquino was a de jure government as the people have already accepted it and the community of nations have recognized its legitimacy. Characteristics of this kind of de facto

1. Its existence is maintained by active military power within the territories, and against the rightful authority of an established and lawful government 2. During its existence, it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts. XXX

By contrast, the SC unanimously held in LAWYERS LEAGUE FOR A BETTER PHILIPPINES VS CORAZON AQUINO that the people have made the judgment they have accepted the government of Pres. Aquino which is in effective control of the entire country so that is not merely de facto government but in fact and law a de jure government. Moreover, the community has recognized the legitimacy of the present government. Government of the Philippines

- corporate governmental entity through which the functions of the government are exercised throughout the Philippines, including save as the contrary appears from the context, various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, provincial, municipal, or barangay subdivisions or other forms of local governments.

Thus, under this definition, a government-owned or controlled corporation engaged in proprietary functions cannot be considered part of the GOV. for purposes of exemption from the application of the statue of limitations (Nadeco vs. Tobias)

Administration

Government must be distinguished from administration which refers to the group of persons in whose hands the reins of government are for the time being (US vs Dorr) Administration runs the government; it is transitional while government is permanent

4. SOVEREIGNTY - it is the supreme and uncontrollable power inherent in a State by which the Sate is governed Two Kinds: 1. Legal- is the authority which has the power to issue final commands; Congress is the legal sovereign 2. Political- is the power behind the legal sovereign or the sum of the influences that operate upon it; Different Sectors that mold public opinion 3. It may also be

Internal- refers to the power of the State to control its domestic affairs External- power of the state to direct its relations with other States, is also known as independence

Sovereignty is permanent, exlusive, comprehensive, absolute, indivisible, inalienable, imsprescriptible (Laurel vs Misa)

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ACTS OF STATE an act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. It canno be questioned or made the subject of legal proceeding in a cour of law. With 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.