Professional Documents
Culture Documents
PRELIMINARIES
I. Political Law
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
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
Constitution
POLITICAL LAW
2010
2
3
10
3. Rigid or Flexible
2010
1. Broad
2. Brief15
3. Definite16
Malolos Constitution
The American Regime and the Organic Acts
The 1935 Constitution
The Japanese (Belligerent) Occupation
The 1973 Constitution
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
2010
c.
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.
Q.
of
declaration
of
21
B. Philippine Constitutionalism
Constitutionalism in the Philippines, understood
in the American sense, dates back to the ratification
2010
D. Republicanism
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.
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
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
Restrictions:
Reasons:
to
4. Specialization
26
29
30
2010
TESTS OF DELEGATION
1. Completeness Test32
2. Sufficient Standard test33
31
2010
H. Judicial Review
34
37
38
Casibang v. Aquino
Tanada v. Cuenca
2010
I.
Due Process
Origin:
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
PEOPLE
39
40
Q.
44
GOVERNMENT
It is understood as the agency through which the
will of the state is Formulated, Express, and Realized
(FER).
A.
Functions of Government
1. Governmental
(Constituent)
-are
the
compulsory functions which constitute the
very bonds of society
41
A.
3. Citizens43
4. Sovereign
Q.
2. Electors42
2010
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
Q.
A.
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.
49
Q.
48
2010
A.
Q.
A.
2010
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.
Q.
SOVEREIGNTY
Sovereignty is the supreme and uncontrollable
power inherent in a state by which that state is
governed.
2010
Kinds:
Legal55
Political56
Internal57
External58
Characteristics:
Q.
A.
55
Q.
A.
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
2010
Q.
A.
Q.
A.
2010
Q. What
PRINCIPLES75
Democracy and Republicanism
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
70
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
Q.
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.
2010
Doctrine of Incorporation
77
79
78
Q.
Q.
A.
2010
2010
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:
against
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));
82
81
Kilosbayan v. Morato
Chavez v. Romulo, 2004
84
Cruz, Philippine Political Law, p. 65 (1995 ed).
83
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.
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.)
2010
Social Justice
Section 10. The State shall promote social justice in all phases
of national development.
A.
A.
2010
A.
89
91
92
Garcia v. BOI
Tanada v. Angara, 272 SCRA 18 [1997]
2010
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
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
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
97
94