OUTLINE REVIEWER IN POLITICAL LAW 2014
OUTLINE REVIEWER INPOLITICAL LAW2014Antonio E.B. Nachura
OUTLINE REVIEWERinPOLITICAL LAW:byAntonio Eduardo B. Nachura2014
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TABLE OFCONTENTS CONSTITUTIONAL XV.General PrinciplesThe Philippine ConstitutionThe Philippines as a StateThe Fundamental Powers of the StatePrinciples and State PoliciesBill of RightsCitizenshipThe Legislative DepartmentThe Executive DepartmentThe Judicial DepartmentConstitutional CommissionsLocal GovernmentAccountability of Public OfficersNational Economy and PatrimonySocial Justice and Human RightsXVI.Education, Science and TechnologyArts, Culture and SportsThe FamilyGeneral ProvisionsTransitory 367367379392396403403405ADMINISTRATIVE LAWi.II.in.General PrinciplesPowers of Administrative BodiesExhaustion of Administrative Remedies413415429IV.Judicial Review of Administrative Decisions438LAW OFPUBLIC OFFICERSi.II.in.IV.V.VI.VII.VIII.General PrinciplesEligibility and QualificationsDe Facto OfficersCommencement of Official RelationsPowers and Duties of Public OfficersLiability o Public OfficersRights of Public OfficersTermination of Official Relationship445447451454471476479487
ELECTION ral PrinciplesCommission on ElectionsVoters: Qualification and RegistrationPolitical PartiesCandidates; Certificates of CandidacyCampaign; Election Propaganda;Contributions and ExpensesBoard of Election Inspectors; WatchersCasting of VotesCounting of VotesCanvass and ProclamationPre-Proclamation ControversyElection ContestsElection AL GOVERNMENTI.II.III.IV.V.VI.VII.General PrinciplesGeneral Powers and Attributes ofLocal Government UnitsMunicipal LiabilityLocal OfficialsInter-Governmental RelationsLocal Initiative and ReferendumLocal Government Units575586605610628632635PUBLIC INTERNATIONAL LAWI.II.III.IV.V.VI.VII.VIII.IX.X.General PrinciplesSubjects of International LawFundamental Rights of StatesRight to Territorial Integrity andJurisdictionRight to LegationTreatiesNationality and StatelessnessTreatment of AliensSettlement of DisputesWar and Neutrality641646658662675682689692699702
CONSTITUTIONAL LAW
1Constitutional LawI. GENERAL PRINCIPLESA.Political Law defined. That branch of public law which deals with theorganization ,and operations of the governmental organs of the State and definesthe relations of the State with the inhabitants of its territory [People v. Perfecto, 43Phil. 887; Macariola v. Asuncion, 114 SCRA 77].B.Scope/Divisions of Political Law.1. Constitutional Law. The study of the maintenance of the proper balancebetween authority as represented by the three inherent powers of the State andliberty as guaranteed by the Bill of Rights [Cruz, Constitutional Law, 1993 ed., p.1].2. Administrative Law. That branch of public law which fixes the organizationof government, determines the competence of the administrative authorities whoexecute the law, and indicates to the individual remedies for the violation of hisrights.3. Law on Municipal Corporations.4. Law of Public Officers.5. Election Laws.C.Basis of the Study.1. 1987 Constitution2. 1973 and 1935 Constitutions3. Other organic laws made to apply to the Philippines, e.g., Philippine Bill of1902, Jones Law of 1916, and Tydings-McDuffie Law of 1934.4. Statutes, executive orders and decrees, and judicial decisions5. U.S. Constitution.OUTLINE / REVIEWER IN POLITICAL LAW
2Constitutional LawII. THE PHILIPPINE CONSTITUTIONA. Nature of the Constitution.1 Constitution defined. That body of rules and maxims in accordance withwhich the powers of sovereignty are habitually exercised [Cooley, ConstitutionalLimitations, p. 4]. With particular reference to the Constitution of the Philippines:That written instrument enacted by direct action of the people by which thefundamental powers of the government are established, limited and defined, andby which those powers are distributed among the several departments for theirsafe and useful exercise for the benefit of the body politic [Malcolm, PhilippineConstitutional Law, p. 6].2. Purpose. To prescribe the permanent framework of a system ofgovernment, to assign to the several departments their respective powers andduties, and to establish certain first principles on which the government is founded[11 Am. Jur. 606].3.Classification:a) Written or unwritten. Awritten constitution is one whose precepts areembodied in one document or set of documents; while an unwritten constitutionconsists of rules which have not been integrated into a single, concrete form butare scattered in various sources, such as statutes of a fundamental character,judicial decisions, commentaries of publicists, customs and traditions, and certaincommon law principles [Cruz, Constitutional Law, pp. 4-5].b) Enacted (Conventional) or Evolved (Cumulative . A conventionalconstitution is enacted, formally struck off at a definite time and place following aconscious or deliberate effort taken by a constituent body or ruler; while acumulative constitution is the result of political evolution, not inaugurated at anyspecific time but changing by accretion rather than by any systematic method[Cruz, ibid., p. 5].c) Rigid or Flexible. A rigid Constitution is one that can be amended onlyby a formal and usually difficult process; while a flexible Constitution is one thatcan be changed by ordinary legislation [Cruz, ibid., p. 5].4.Qualities of a good written Constitution:a) Broad. Not just because it provides for the organization of the entiregovernment and covers all persons and things within the territory ofOUTLINE / REVIEWER IN POLITICAL LAW
Constitutional Law3the State but because it must be comprehensive enough to provide for everycontingency.b) Brief. It must confine itself to basic principles to be implemented withlegislative details more adjustable to change and easier to amend.c) Definite. To prevent ambiguity in its provisions which could result inconfusion and divisiveness among the people [Cruz, ibid,, pp. 5-6],5.Essential parts of a good written Constitution:a) Constitution of Liberty. The series of prescriptions setting forth thefundamental civil and political rights of the citizens and imposing limitations on thepowers of government as a means of securing the enjoyment of those rights, e.g.,Art. III.b) Constitution of Government. The series of provisions outlining theorganization of the government, enumerating its powers, laying down certain rulesrelative to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII andIX.c) Constitution of Sovereignty. The provisions pointing out the mode orprocedure in accordance with which formal changes in the fundamental law maybe brought about, e.g., Art. XVII.6.Interpretation/Construction of the Constitution.a) In Francisco v. House of Representatives, G.R. No. 160261,November 10, 2003, the Supreme Court made reference to the use of well- settledprinciples of constitutional construction, namely: First, verba leais.i. e., whenever possible, the words used in the Constitution must be given theirordinary meaning except where technical terms are employed. As the Constitutionis not primarily a lawyer’s document, it being essential for the rule of law to obtainthat it should ever be present in the people’s consciousness, its language as muchas possible should be understood in the sense they have a common use. Second,where there is ambiguity, ratio leqis et anima. The words of the Constitution shouldbe interpreted in accordance with the intent of the framers. Thus, in Civil LibertiesUnion v. Executive Secretary, 194 SCRA 317, it was held that the Court inconstruing a Constitution should bear in mind the object sought to beaccomplished and the evils sought to be prevented or remedied. A doubtfulprovision shall be examined in light of the history of the times and the conditionsand circumstances under which the Constitution was framed. Third, ut maaisvaleat auam pereat. i.e., the Constitution has to beOUTLINE / REVIEWER IN POLITICAL LAW
4Constitutional Lawinterpreted as a whole. In Civil Liberties Union, it was declared that sections bearingon a particular subject should be considered and interpreted together as toeffectuate the whole purpose of the Constitution and one section is not to be allowedto defeat another, if by any reasonable construction, the two can be made to standtogether.b) If, however, the plain meaning of the word is not found to be clear,resort to other aids is available. Again in Civil Liberties Union, supra., it was heldthat while it is permissible to consult the debates and proceedings of theconstitutional convention in order to arrive at the reason and purpose of the resultingConstitution, resort thereto may be had only when other guides fail as saidproceedings are powerless to vary the terms of the Constitution when the meaningis clear. We think it safer to construe the Constitution from what “appears upon itsface”. The proper interpretation, therefore, depends more on how it was understoodby the people adopting it than in the framers’ understanding thereof.c) In case of doubt, the provisions should be considered selfexecuting;mandatory rather than directory; and prospective rather than retroactive.d) Self-executing provisions. A provision which lays down a generalprinciple is usually not self-executing. But a provision which is complete in itself andbecomes operative without the aid of supplementary or enabling legislation, or thatwhich supplies a sufficient rule by means of which the right it grants may be enjoyedor protected, is self-executing.i) Thus, a constitutional provision is self-executing if the nature andextent of the right conferred and the liability imposed are fixed by the Constitutionitself, so that they can be determined by an examination and construction of itsterms, and there is no language indicating that the subject is referred to thelegislature for action [Manila Prince Hotel v. GSIS, G.R. No. 122156, February 03,1997].' ii) Section 26, Article II of the Constitution neither bestows a right norelevates the privilege to the level of an enforceable right. Like the rest of the policiesenumerated in Article II, the provision does not contain any judicially enforceableconstitutional right but merely specifies a guideline for legislative or executiveaction. The disregard of this provision does not give rise to any cause of actionbefore the courts [Pamatong v. Comelec, G.R. No. 161872, April 13, 2004].OUTLINE / REVIEWER IN POLITICAL LAW
Constitutional Law5B. Brief Constitutional History.1.The Malolos Constitution.a) The Philippine Revolution of 1896.b) Proclamation of Philippine independence, at Kawit, Cavite, onJune 12, 1898.c) Revolutionary Congress convened at Barasoain Church, Malolos,Bulacan, on September 15, 1898. Three drafts were submitted, namely, the draftsof Pedro Paterno, Apolinario Mabini and Felipe Calderon.d) The Calderon proposal was reported to the Congress on October 8,1898, and the Congress approved the proposed Constitution on November 29,1898.e) President Emilio Aguinaldo approved the same on December 23,1898; Congress ratified it on January 20, 1899.f) Aguinaldo promulgated the Constitution the following day, along withthe establishment of the Philippine Republic on January 21, 1899.g) This was the first republican constitution in Asia, framed by arevolutionary convention which included 40 lawyers, 16 physicians, 5 pharmacists,2 engineers and 1 priest. The Constitution recognized that sovereign power wasvested in the people, provided for a parliamentary government, acknowledgedseparation of powers, and contained a bill of rights.2.The American Regime and the Organic Actsa) The Treaty of Paris of December 10, 1898. The treaty of peaceentered into between the US and Spain upon the cessation of the SpanishAmerican War. It provided, among others, for the cession of the Philippine Islandsby Spain to the US.b) US President McKinley’s Instructions of April 7, 1900, to transformthe military into a civil government as rapidly as conditions would permit. OnSeptember 1, 1900, the authority to exercise that part of the military power of theUS President which is legislative in character was transferred from the militarygovernment to the Philippine Commission [first, the Schurman Commission, then,the Taft Commission].OUTLINE / REVIEWER IN POLITICAL LAW
6Constitutional Lawc) The Spooner Amendment to the Army Appropriation Bill of March 2,1901 provided that all military, civil and judicial powers necessary to govern thePhilippine Islands shall be exercised in such manner x x x for the establishment ofa civil government and for maintaining and protecting the inhabitants in the freeenjoyment of their liberty, property and religion. On July 1, 1901, the Office of theCivil Governor was created, and the executive authority previously exercised by themilitary governor was transferred to the Civil Governor.d) The Philippine Bill of July 1, 1902 continued the existing civilgovernment, with the co mmitmentfrom the US Congress to convene and organizein the Philippines a legislative body of their own representatives. On October16,1907, the Philippine Assembly was convened to sit as the Lower House in abicameral legislature, with the Philippine Commission as the Upper House.e) The Jones Law [Philippine Autonomy Act] of August 29, 1916. Itsuperseded the Spooner Amendment and the Philippine Bill of 1902. It was theprincipal organic act of the Philippines until November 15,1935, when the PhilippineCommonwealth was inaugurated (under the 1935 Constitution). It contained apreamble, a bill of rights, provisions defining the organization and powers of thedepartments of government, provisions defining the electorate, and miscellaneousprovisions on finance, franchises and salaries of important officials. Executive powerwas vested in the Governor General, legislative power in a bicameral legislaturecomposed of the Senate and House of Representatives, and judicial power in theSupreme Court, the Courts of First Instance and inferior courts.f) The Tydings-McDuffie Act [Philippine Independence Act] of March 24,1934 authorized the drafting of a Constitution for the Philippines, the establishmentof a Commonwelath Government and, after ten years, independence.3.The 1935 Constitutiona) Pursuant to the authority granted under the Tydings-McDuffie Law, thePhilippine Legislature passed Act No. 4125 (May 26,1934) calling for the election ofdelegates to the Constitutional Convention.b) Election of delegates: July 10, 1934; Constitutional Conventioninaugural: July 30,1934.c) Draft Constitution approved by the Constitutional Convention onFebruary 8, 1935; brought to Washington on March 18, 1935, and on MarchOUTLINE / REVIEWER IN POLITICAL LAW
Constitutional Law123, 1935, US President Franklin Delano Roosevelt certified that the draft constitutionconformed substantially with the Tydings-McDuffie Law.d)The Constitution was ratified in a plebiscite held on May 14,1935.e) The Philippine Commonwealth established under the Constitutionwas inaugurated on November 15, 1935; full independence was attained with theinauguration of the (Third) Philippine Republic on July 4, 1946.-f) The Constitution was amended in 1939: Ordinance appended to theConstitution, in accordance with the Tydings-Kocialkowski Act of August 7, 1939[Resolution of Congress: September 15, 1939; Plebiscite: October 24, 1939]g) It was amended again in 1940: Changed President’s and VicePresident’s term from six to four years, but no person shall serve as President formore than 8 years; changed the unicameral to a bicameral legislature;established an independent Commission on Elections [Resolution: April 11,1940; Plebiscite: June 18, 1940]i) Another amendment was adopted in 1947: Parity Amendment,effective July 4, 1949, granting to Americans, for a period of twenty-five years,the same privileges as Filipinos in the utilization and exploitation of naturalresources in the Philippines [Resolution: September 18, 1946; Plebiscite: March11, 1947], See: Mabanag v. Lopez Vito, 78 Phil. 1.4.The Japanese (Belligerent) Occupationa) With the occupation of Manila, the Commander in Chief of theJapanese Forces proclaimed, on January 2, 1942, the military administration overthe territory occupied by the army, and ordered that “all the laws now in force inthe Commonwealth, as well as executive and judicial institutions shall continue tobe effective for the time being as in the past”, and “all public officials shall remainin their present posts and carry on faithfully their duties as before”.b) Order No. 1 of the Japanese Commander in Chief, on January 23,1942, organized the Philippine Executive Commission.c) Executive Orders Nos. 1 and 4, dated January 30 and February 6,1942, respectively, continued the Supreme Court, the Court of Appeals,OUTLINE / REVIEWER IN POLITICAL LAW
8Constitutional Lawthe Courts of First Instance and Justices of the Peace Courts, with the samejurisdiction, in conformity with later instructions given by the Commander in Chief ofthe Japanese Imperial Army in Order No. 3, dated February 20, 1942.d) October 14, 1943, the (Second) Philippine Republic was inaugurated,with Jose P. Laurel as President.5.The 1973 Constitutiona) Resolution of Both Houses (RBH) No. 1, March 16, 1967, increasingthe membership of the House of Representatives from 120 to 180b) RBH No. 2, March 16,1967, calling for a Constitutional Convention torevise the 1935 Constitutionc) RBH No. 3, March 16, 1967, allowing members of Congress to sit asdelegates in the Constitutional Convention without forfeiting their seats in Congressd) RBH 1 and RBH 3 were submitted to the people in a plebiscitesimultaneously with local elections in November 1967, but both were rejected bythe people.e) RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing thatspecific apportionment of delegates to the Constitutional Convention and otherdetails relating to the election of delegates be embodied in an implementinglegislationf)Republic Act No. 6132: Constitutional Convention Act of 1970.i) See Imbong v. Comelec, 35 SCRA 28, where the constitutionalityof the RA 6132 was challenged because it had to do with the calling of aConstitutional Convention but was not passed by % of all the members of theSenate and the House of Representatives, voting separately. The Supreme Courtupheld the validity of the law, declaring that after Congress had exercised itsconstituent power by adopting RBH 2 and RBH 4, with the requisite % vote asrequired by the 1935 Constitution, it may, by simply exercising legislative power,pass a law providing for the details for the implementation of the resolutions passedin the exercise of its constituent power.g) Election of delegates: November 10, 1970; Constitutional Conventionwas inaugurated on June 1, 1971.OUTLINE / REVIEWER IN POLITICAL LAW
Constitutional Law9i) Attempt of the Constitutional Convention to submit for ratificationone resolution (reducing the voting age from 21 to 18) in a plebiscite to coincidewith the 1971 local elections was declared unconstitutional by the Supreme Courtin Tolentino v. Comelec, 41 SCRA 702. The Court held that when a ConstitutionalConvention is called for the purpose of revising the Constitution, it may not submitfor ratification “piecemeal amendments”because the 1935 Constitution speaks ofsubmission of the proposed amendments in “an election” (in the singular), and alsobecause to allow th
OUTLINE / REVIEWER IN POLITICAL LAW . Constitutional Law 5 B. Brief Constitutional History. 1. The Malolos Constitution. a) The Philippine Revolution of 1896. b) Proclamation of Philippine independence, at Kawit, Cavite, on June 12, 1898. c) Revolutionary Congress convened at Barasoain Church, Malolos, Bulacan, on September 15, 1898. .
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INTRODUCTION TO LAW MODULE - 3 Public Law and Private Law Classification of Law 164 Notes z define Criminal Law; z list the differences between Public and Private Law; and z discuss the role of Judges in shaping Law 12.1 MEANING AND NATURE OF PUBLIC LAW Public Law is that part of law, which governs relationship between the State
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