You are on page 1of 21

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


-

This is the first subject in Bar.


Usually nininerbyos pa ang mga bar examiners, kaya mababa ang
performance
MEANING OF POLITAL LAW
What do we mean by Law?
Ordinance of reason (Thomas Aquinas)
Pag LAW na, wala ka ng ibang gagawin kundi follow it, implement
it, wala ng argument!
Pending enactment, don pwede pa magpalitan ng argument
But once it becomes a law, you just have to implement and follow
the law
DURA LEX SED LEX
What do we mean by Political?
n. politics
associated with government? NOT NECESSARILY
it depends on the definition [used]
o
there are words which are used differently but actually
they mean the same
o
difference is [merely] semantics
First, what do we mean by Government?
Latin: gubernaculum- rudder, steer, and, gubernare- direct,
control
-

Definition # 1: denotes the activity or process of governing, i.e.,


of exercising control over others
E.g. The government of a small class is easier than the
government of a big class.

Definition # 2: it may denote the people in the government


E.g. The government is corrupt.

Definition # 3: denotes the manner, method, system form by


which particular society is governed

Definition # 4: it denotes the state of affairs in which the activity


of governing is to be found

E.g. Attach us (people in the government) premise


and you attack government (process of governing) conclusion
Jeremy Bentham
o
The word government is used in two different ways
o
Mali raw yung sasabihing, the word is used in 2
different connotations
o
sa Tagalog, same spelling but different pronunciations
e.g. baba (chin), baba (down)
o
In English, same spelling, same pronunciation

NOW, POLITICS is different (not just semantic but substantive) from


government
The society forms certain pattern, some behavior which are either
o
regulated by the government or
o
it is the society itself regulating the society or US
-

Dont we need government to pass laws to regulate us?


o
A vast area of human activity and conduct in society
proceeds quite unnegotiated/uncontrolled by the public
authorities
1. Spontaneous acts
There are certain actions left for the individual themselves
No need for a law
E.g. bawal bumili sa mamahalin na tindahan at pagkatapos ay
ibebenta mo ng mura

2. Socialization
Society can regulate itself because of socialization
This describes how when we grow up, we develop ideas
E.g. bawal mangulangot, kailngan magsipilyo

Sa society, ganon din, ang kinasanayan susundin


Mahirap mag-deviate
Pero ngayon, tolerant na ang society

In the family, church, school, dabarkads, may mga bagay na hindi


mo na kailangan ng law e.g. matic na may lider sa isang grupo

Dati, may role playing e.g. si nanay sa bahay, si tatay mag t


trabaho
Ngayon, nagulo na ang society, naiba na
This affects society

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

POLITICAL LAW REVIEW- Atty. Bong Lo


August 25, 2016- 1st Meeting

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
Social context

However, there are certain things which need to be regulated and


you need government for that.

Definition # 1- Government as a process of governing


THERE ARE 2 ELEMENTS:
1. Choosing a course of action
2. Carrying it out
This is strictly politics
*** read the hand-out given for a complete view

***Power corrupts absolutely


-kaya tayo may separation of powers
Once nagkaroon ng pirmahan, ng agreement, ng batas, POLITICAL
ACTIVITY SHOULD HAVE STOPPED
What is left to be done is the execution by the Chief Executive. Dapat wala
ng pagtatalo-talo.
And then when theres doubt or ambiguity in the law, Judicial Department
steps in.
Again, when a law is enacted, what is left is its implementation, POLITICS
stops.
So bakit may Political Law ang tawag? Bakit pinagsama ang Politics at ang
Law?
This seems to be an oxymoron (2 conflicting)
The term Political Law is not found in Black Laws Dictionary. It is for our
own consumption. Para sa Bar! Walang maisip na pangalan sa subject
matter na ito. Hence, tayo lang ang gumagamit na term na Political Law.
So what is Political Law?
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 with the inhabitants of its territory
(Nachura Book)

Constitional Law is part of Political Law.


However, Political Law is not restricted to the Constitution only.
It includes:
o
Enabling statutes
o
Interpretation
o
Foreign laws
o
Opinion of legal scholars and experts
Scope/Divisions of Political Law.
1. Constitutional Law
2. Administrative Law
3. Law on Municipal Corpo
4. Law of Public Officers
5. Election Laws
6. Human Rights
7. Public International Law
What do you mean by Constitution?
It is a social contract that binds by its terms and conditions the
people and the government (Atty. Bong Lo)
That body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised
That written instrument enacted by direct action of the people by
which the fundamental powers of the government are
established , limited and defined, and by which those powers are
distributed among the several departments for their safe and
useful exercise for the benefit of the body politic [Nachura Book]
Purpose of Constitution
To prescribe the permanent framework of a system of
government, to assign to the several departments their respective
powers and duties, and to establish certain first (fixed) principles
on which the government is founded
As well as to set the limitations on the powers of the government
Political formula
Classfication
As to form:
o
Written

One whose precepts are embodied in one


document or sets of document
o
Unwritten

Not in one single document

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Consists of rules which have not been integrated


into a single, concrete form but are scattered in
various sources, such as statutes of a
fundamental character, judicial decisions,
commentaries of publicists, customs and
traditions, and certain common law principles
Customs and traditions are sometimes not
written

As to creation:
o
Enacted (Conventional)

A conventional constitution is enacted, formally


struck off at a definite (fixed time) time and
place following a conscious or deliberate effort
taken by a constituent body or ruler
o
Evolved (Cumulative)

Is the result of political evolution, not


inaugurated at any specified time but changing
by accretion rather than by any systematic
method

As to modification:
o
Rigid (inelastic)

Can be amended only by a formal and usually


difficult process
o
Flexible (Elastic)

Associated with unwritten constitution

One that can be changed by ordinary legislation

Qualities of a Good Written Constitution


*tayo lang ang may word love sa Constitution
1.

2.

Broad
o
Covers a wide array
o
Not just because it provides for the organization of the
entire government and covers all persons and things
within the territory of the State but because it must be
comprehensive enough to provide for every contingency
o
But our Constitution is too broad, even the Philippine flag
is included
Brief

Must confine itself to the basic principles to be


implemented with legislative details more adjustable to
change and easier to amend
o
Otherwise, there is nothing left for Congress to do
Definite
o
To prevent ambiguity in its provisions which could result
in confusion and divisiveness among the people
o
Capable of having legal meaning (e.g. Art II Sec 5)
o

3.

Essential Parts of a Good Written Constitution


1. Constitution of Liberty
o
Series of prescriptions setting forth the fundamental civil
and political rights of the citizens and imposing
limitations on the powers of the government as a means
of securing the enjoyment of those rights (e.g. Art III)
o
Constitution of the people
2. Constitution of Government
o
Series of provisions outlining the organization of the
government, enumerating its powers, laying down certain
rules relative to its administration, and defining the
electorate (e.g. Arts VI, VII, VIII, IX)
o
Distribution of power
3. Constitution of Sovereignty
o
Provisions pointing out the mode of procedure in
accordance with which formal changes in the
fundamental law may be brought about (e.g. Art XVII)
o
Mode of procedure
Interpretation/Construction of Constitution (p. 3 onwards Nachura)
According to Atty. Bong Lo
1. Interpreted as a whole
2. Liberally construed to accomplish its objectives
3. Contemporaneous
4. The Constitution is not dead. It is dynamic. It is a living document.
(e.g. cellphones included in freedom of speech)
Still on Interpretation:
Self-Executing (SE) v Non-Self-Executing (NSE) Provisions of the
Constitution
SE- a provision which is complete in itself and becomes operative
without the aid of supplementary or enabling legislation, or that

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
-

Negative Rights in Art III


Negative (no/not) + Shall MANDATORY
EXN/CONDITION: if there is another negative attached

E.g. No person shall be deprived of life, liberty,


or property without due process of law

This changes the negative statement into a


positive one
GR: You cannot be deprived! [of your rights under Art III] the
burden of proof is on the State
EXN: Doctrine of Supremacy of the Constitution

Constitution is the highest law of the land


If there is conflict between a statute and the Constitution, the
latter prevails
Other laws must conform to it
Statutes
laws made by the legislative
enacted by those with legislative power
-

e.g. Amendment No. 6 of the 1973 Constitution by Pres. Marcos


o
this was done pursuant to Marcos legislative power
during that time

Cory Aquino after EDSA People Power


o
Has legislative powers revolutionary government

Emilio Aguinaldo
o
Also has legislative powers because during those times
we are at war

CONGRESS is just a creation of the Constitution


It cannot go against its creator
To execute the laws enacted by the Congress
o
It must have IRR Implementing Rules and Regulations

The President is the Chief Executive


LGUs and Cabinet Departments (under the President)
IRRs are not laws
Powers were delegated to the Executive Branch to create IRRs but
it was not the law-making power which was delegated
o
This is but a part of the implementation
BUT the RULE (not laws) MAKING POWER
o
The term subordinate legislation is but a loss of words to
identify it
Although, not laws, IRRs have the force and effect of the law
So if one fails to comply, there are legal consequences
However, IRRs must conform to statutes
The stream cannot be higher than the shore
The Exec has diplomatic powers
To enter into relationship with other States in behalf of its people
Part of which is to enter into International Agreements
o
International agreement, treatises if confirmed by 2/3 of
the Senate becomes part of the law of the land
o
Not because of the Senate but because we enter into
agreement

Basis is the incorporation clause

HOW?

Pacta Sunt Servanda

When you enter into an agreement, you


are obliged to comply with that
agreement
o
If Exec. Agreement, need not be approved by the Senate
o
In one case, a Joint Agreement was not given to the
Senate

SC: OK LANG! Diplomatic power is vested in the


President alone. Pag sinabi ng President na Exec
Agreement yan, yun yan!
o
What is the purpose of giving agreements to the Senate?

Only to check if it violates the law


o
What if the President signed an agreement with the US,
thinking that it was a treaty?

It was then given to Senate

Ngayon, tatanungin mo si US, treaty ba?

Can you file MANDAMUS against the US? NO!


YOU CANNOT.

THE EXECUTIVE Department creates the IRRs and administers its execution

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

which supplies a sufficient rule by means of which the right it


grants may be enjoyed or protected
NSE- provision which lays down a general principle
o
E.g. Art II, XIII, XIV of the Constitution rights
o
EXN in Art II: Oposa v Factoran intergenerational rights

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
What if tinanong ang Ambassador to the US, ang
sinabi lang, we will honor and abide

SC: Thats enough! Besides, in


international law, que treaty, executive
agreement, ordinance, ALL ARE
CONSIDERED International Agreement

Internal niyo sa State niyo kung


kelangan pa ba ibato sa Senate for
approval or not, etc.

o
o

Decided Cases from 1901 until now JURISPRUDENCE


What if jurisprudence is in conflict with the Constitution, which one
prevails?
o
IT WILL NEVER HAPPEN!
o
The Constitution is what the Supreme Court says
o
UNLESS, international courts are needed to settle the
controversy
International Law v Statute, which one will prevail? Same day
ibinato/inenact/take effect?
Usually kung ano ang mas late
Pero if not, statute prevails (PLENARY FULL POWER)
Hindi porket international law, part of the law of the land na agad
YUNG GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL
LAW LANG
o
Pursuant to Pacta Sunc Servanda
o
Kahit nga hindi tayo signatory or even if not confirmed by
the Congress, but if generally accepted principle, WE ARE
BOUND IN THE COMMUNITY OF NATIONS to follow it
o
E.g. JUS COGENS RIGHTS- one class of Human Rights
which are non-derogable, universal and imprescriptible
such as:

right against torture

kahit may kasanalan, you dont have to


torture

right against slavery

right against human trafficking

human beings are not to be treated as


commodity
o
all States have the obligation to protect its people
including foreigners from violations thereof by preventing
them (obligation erga omnes)

if not prevented, they have the obligation to provide


punishments
sino ang pwede mag-file ng kaso?

If the State does not act, you can file with the
International Criminal Courts YES, AN
INDIVIDUAL CAN!

Even relatives, any cause-oriented


group, in fact any person! (actio
popularis)
It does not matter kung saan ka nakulong, saan ka na
agrabyado?

Because it transcends borders! (universal


jurisdiction)

This is an exception to the territoriality of


Criminal Laws
Problem: Internation Criminal Court has limited
jurisdiction:

War Crimes

Crimes against humanity

Genocide mass killing


International Crimes such as Piracy

Altho not International Criminal Courts

Can be tried in any jurisdiction because courts


have universal jurisdiction over piracy

On Amendment (p. 14 Nachura):


MAY FOREVER BA?
WALANG FOREVER!
All laws may be repealed
Even the Constitution may be changed, although difficult to
change
-

AMENDMENT- legal change sa Constitution


o
any alteration

Unique ang Pilipinas kasi iba pa ang amendment sa revision


o
Amendment piecemeal / isolated
o
Revision total change / substantial

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

1.) Constitutional Convention by 2/3 vote of


Congress

If not met, people will decide whether


or not to call a Convention in a
plebiscite(simple majority ng Congress
nalang ang needed)
2.) Congress by vote of

is the ConAss itslef

Different views on ConAss


o
Same level as Congress
o
Under
o
Over
o
Special Agency

ConAss has the same members as the


Congress
o
But they are different bodies
with different functions
o
UNLIKE the SC and the
Presidential Electoral Tribunal
they are one and the same
3.) Initiative 12% of the total number of
registered voters of which every legislative
district must be represented by 3% of the
registered voters therein

Direct- gather signatures to initiate


amendment by initiative

Indirect- proposal to Congress and then


Congress approves

Ramos Case: He wanted to change


government from Democratic to
Parliamentary
o
SC: Initiative has no enabling
law yet
o
When an enabling law was
passed, SC: no IRR yet
o
When there is already an
enabling law and an IRR, SC:
the change of government
from Democratic to
Parliamentary is a Revision-

cannot be made through


INITIATIVE
Sept. 1, 2016- 2nd Meeting
BRIEF CONSTITUTIONAL HISTORY
During the 13, 14, 15th century
MONARCHY has power over subjects
Problem: other subjects are outside their kingdom
So they conquered lands belonging to other kingdoms
Spain and Portugal
Agreed to divide among themselves the lands into 2 hemispeheres
Treaty of Tordessilas
Ferdinand Magellan
Sabi niya, King of Spain, tulungan kita mag-conquer, meron pa
run
Nagpa-sponsor
Nauna siya nag-alok sa Portugal kaso hindi naniwala sa kanya
yung King
Sabi niya, bilog ang mundo
Pagdating sa Pilipinas, may angas kaagad, I discovered the
Philippines
Ayon, pinatay ni Lapu-Lapu
Magellan did not discover the Philippines kasi may tao na rito
Magellan discovered Philippines only for Europe
E sila nagsusulat ng history e
Miguel Lopez de Legaspi
Dumating naman sa Cebu
Isang malaking krus ang binaon sa dibdib ng Pilipino
Our country is named after King Philip Philippines
FAST FORWARD TO SPANISH ERA:
After the Philippine Revoultion of 1986,
Apolinario Mabini
Kauna-unahang Dept of Foreign Affairs Secretary
Kailangan ng Pilipinas ng recognition in international community

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
As a consequence, kelangan ng Constitution
Si Mabini nag propose ng dictatorial
Si Pedro Paterno, republic
Si Felipe Calderon, revolutionary government
Paterno won by one vote (Malolos Constitution)
We became the First Republic in Asia
There is separation of Church and State
Pero hindi totoo: there was no constitutionalism
Ang government palipat-lipat ng capital kasi may giyera pa rin
The constitution was not implemented
It was not ratified
When it was approved, may giyera ang America at Espana kung
saan natalo ang Spain

Treaty of Paris Decmber 10, 1898


Philippine Islands were ceded by Spain to America
AMERICAN ERA:

Philippine Bill of July 1, 1902


Bicameral
Upper House: Philippine Commission
Lower House: Philippine Assembly
Si Manuel Quezon and Sergio Osmena ang mga lider

Jones Law
principal organic act until Nov. 15, 1935 Phil. Commonwealth
(1935 Consitution) was inaugurated
executive power was vested in the Governor General, legislative
power in a bicameral legislature composed of the Senate and the
House of Representative, and judicial power in the Supreme Court,
the Courts of First Instance and inferior courts
there was mass naturalization
Who are citizens? Inhabitants/residents up to April 11, 1989 (kahit
Dec. 10, 1988 ang Treaty of Paris, April lang nag-took effect or
somethingz)
So ang first Filipino, basta pakalat-kalat Pilipino na!
Trivia: Ang Americans di kumportable tawaging
imperialista/conquerors dahil sila rin liberalized from British
occupation

Mock Battle in Manila


nung natalo ang Spain, in-exile si Emilio Aguinaldo sa HongKong
pumasok na Amerikano sa Pilipinas
Ano ang magandang nabigay ng Amerika?
magandang nabigay ng Amerika: Education System, Civil Service
pero hawak tayo sa leeg

Organic
-

Acts
President McKinleys instructions yan ang batas natin
We have then both Military and Civil Government
The instruction was to transform the military into a civil
government as rapidly as conditions would permit
Legislative power of the US president was transferred to the
Philippine Commission (first, Schurman, then, Taft Commission)

When War with Spain Ended, Nagkaroon ng Spooner


Amendment
Military government came to an end
On July 1, 1901, the Office fof the Civil Governor was created and
the executive power previously exercised by the Military Governor
was transferred to the Civil Governor
Pero we are not a State of the US

Tydings-McDuffie Act (Philippine Independence Act)


Authorized the drafting of a Constitution for the Philippines, the
establishment of a Commonwealth Government and, after ten
years, independence
Pursuant to the authority granted by this Act, Act No. 4125 was
passed preparing the Philippines for independence
It called for the election of delegates to to the Constitutional
Convention which later became the 1935 Constitution
The 1935 Constitution
o
took effect on November 15, 1935 only although it was
ratified even before pa
November 15, 1935 kasi yung inauguration ng Philippine
Commonwealth
o
Manuel L Quezon- Pres- Number 1 sa Bar
o
Sergio Osmena Vice President- Number 1 sa Bar
It was amended in 1940 changing the ff.:
o
Pres and Vice Pres term from 6 to 4 years
o
Changed the unicameral to bicameral
o
Established an independent Commission on Elections

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
Full independence was attained with the inauguration of the
(Third) Philippine Republic on July 4, 1946
o
Dapat 1944 palang meron ng independence from US ang
Pilipinas
o
Pero may nangyaring walang kabagay-bagay lang
naman
o
World War II!!!

JAPANESE BELLIGERENT OCCUPATION:


-

Nagkaroon ng Greater East Asia Co-Prosperity Sphere


Ang drama- A, ayaw kayo bigyan ng mga Amerikano ng
kalayaan? Kami magbibigay sa inyo.
But the actual intention was to conquer
With the occupation of Manila, Commander-in-Chief of the
Japanese Forces proclaimed and ordered that all the laws now in
force in the Commonwealth, as well as executive and judicial
institutions shall continue to be effective
Order No. 1 organized the Philippine Executive Commission
On October 14, 1943, the (Second) Philippine Republic was
inaugurated, with Jose P. Laurel as President
o
Ito na yung kunwaring kalayaan

Police- is a civilian arm, not military arm


This is under the executive branch
Hindi siya ang Commander-in-Chief (which possesses military
powers)

General Douglas MacArthur


Head the Bataan Corregidor military training ang tatapang nitong
mga Pilipino
Philippines put up a formidable defense
Kaya na off-track as to time ang hapon, dapat matagal na sila sa
Australia

However, sabi ng US kay MacArthur: Punta ka na ng Australia!


Iwan mo na ang Pilipinas.
Kaya ayan na ang I shall return
Bumalik nga si MacArthur sa Leyte, may mga istatwa na ron
ngayon
Kaso nadapa dahil high tide!

Kasama niya si Carlos P. Romulo- First Secretary General [to the


US ata]
Pero ang totoo: sobrang energetic excited ni MacArthur di pa ok
for landing sa tubig kumbaga, malalim-lalim pa, bumaba na, e
high tide nga. So ayon, kung tunay man daw ito dapat nalunof na
si Carlos P. Romulo dahil maliit lang tong taong to!
December 7/8, 1941
Pearl Harbour happened
Scenario: nakita na ng American soldiers ang mga Hapon nakaformation, sabi drill lang yan drill lang yan! Ayun sabog!
From this event, sabi ng Amerika, we will never be attacked
unprepared UNTIL 9/11 bombing

Jose P. Laurel was the President of the Puppet Government


We had then the Japanese-sponsored Constitution
No ratification

Pag sinakop ng belligerent:


o
All political laws are suspended
o
Civil laws tuloy pa rin

Pagkawala ng Hapon,
o
Si Quezon namatay na rin sa TB habang naka-exile sa
New York
o
Kaya nagkaroon ng Quezon Memorial Institute (for
patients with TB) in honor kay Quezon

Manuel Roxas became the last president of the Philippine


Commonwealth and first President of the Third Republic No. 1 sa
BAR!

July 4, 1946- independence day ng Amerika na independence day


din natin, siyempre under nila tayo
But independence is not handed down to you, it is fought
Inilipat lang uli sa June 12, 1898
July 4, 1946 became the Fil-Am Friendship Day, working

In-amend kaagad an gang 1935 Constitution


o
Parity rights, maintenance of US bases for 50 years,
renewable for another 50 years

Next, President Quirino,

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

Next, President Magsaysay


o
Pinasuko ang HUKBALAHAP
o
Later died due to airplane crash

Pero pinapatay daw ng US


Next, Carlos P. Garcia
Next, Diosdado Macapagal

Then, sumisikat na si Ferdinand E. Marcos, Jr.


o
Isang batang pulitiko
o
Inakusahang pinatay si Julio Nalundasan, rival ng tatay
niyang si Mariano Marcos
o
Sniper ang pumatay e sakto between the eyes ang tama
o
Nabilanggo si Marcos, abogado niya sarili niya, nanalo pa
siya
o
Nasa bilangguan na nga, nag-top 1 pa sa Bar!
o
Hindi naniwala SC baka raw may daya
o
binigyan ng oral examination, magaling daw talaga!
o
He has been the youngest public officer in every level.
o
Kung titignan mo talaga yung career path ni Marcos, papresidente talaga

Nung 1935 Constitution


o
The term of Presidency was 4 years, renewable for
another 4 years
o
Pero wala pang nakakagawa nitong renew-renew

Then came MS. MANILA ni Imelda Marcos


The Manila Mayor then was Mayor Lacson
1st runner up lang ng Ms Manila si Imelda, but for some unknown
reason, the real Ms Manila was stripped off the crown, resulting to
Imeldas assumption of title Ms Manila
Na-chika tuloy sila ni Mayor Lacson na may tsuru-tsuru

SO Marcos courted Imelda for 11 days, and then they got married

By then, nag-join ng Liberal si Marcos


Nangako sa kanya si Diosdado Macapagal na susuportahan sa
susunod na eleksyon pero ending, tumakbo again for re-election si
Macapagal
Lumipat ngayon ng kabilang partido si Marcos, kalaban na niya si
Macapagal, then became the 10th President of the Philippines in
1965- landslide!

During this time, there was an emergence of worldwide activism


hindi lang sa Pilipinas

Marcoss term should have ended in 1973


However, to perpetuate power (accdg to Atty. Bong Lo), a
Constitutional Convention was inaugurated in 1971
o
Resolution of Both Houses (RBH) No. 2, calling for a
Constitutional Convention
o
RBH No. 4, amended RBH No. 2, and authorized specific
apportionment of delegates to the Constitutional
Convention and other details relating to the election of
delegates to be embodied in an implementing legislation.
o
RA 6132- Constitutional Convention Act of 1970
o
November 10, 1970- election of delegates
o
June 1, 1971- Constitutional Convention was inaugurated

Some of the members are: Diosdado Macapagal,


Carlos P. Garcia, Quintero
o
Iniimpluwensyahan daw ng Malacanang ang
Constitutional Convention para gawing parliamentary
government

And then, the PLAZA MIRANDA BOMBING


Ang pinag-suspetsahan na puno ng bombing ay si Ninoy dahil siya
lang ang wala ron
Suspetsa nila nakikipagkuntsabahan daw kay Joma

Ngayon, gumawa raw ng palabas, kunwari in-ambush si Enrile


para magkaroon ng justification ang Martial Law Presidential
Proclamation No. 1081 Sept. 21, 1972

The final draft of the Constitution was submitted by the


Constitutional Convention
o
It was approved on November 29, 1972
o
Sina Diosdado Macapagal, Fernando Lopez- mga tao ng
CONCON, malungkot nung pinicture-an, papaano? Alam
nilang madaming binago sa draft nila
On November 30, 1972, Marcos issued a decree setting the
plebiscite for ratification of the new Constitution on January 15,
1973
On December 17, 1972, issued an order suspending the effects of
Martial Law in order to allow free and open debate on the
proposed Constitution

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Sanidad v COMELEC

There was no honest and free deliberation because the people are
under the fear of Martial Law
On December 23, 1972, Marcos announced the postponement of
the plebiscite, but it was only on January 7, 1973, that the
General Order No. 20 was issued, directing the plebiscite
scheduled on Jan 15, be postponed until further notice, and
withdrawing the order of December 17, 1972, suspending the
effects of Presidential Proclamation 1081.

On December 31, 1972, Marcos issued PD 86, organizing the


Citizens Assemblies to be consulted on certain public issues
On January 5, 1973, issued PD No. 86-A, calling the Citizens
Assemblies to meet on January 10-15, 1973, to vote on certain
questions, among them: Do you approve of the new
constitution? and Do you still want a plebiscite to be called to
ratify the new Constitution?
o
May problema pa raw sa way ng pagkakatanong; sa
phrasing ng English ng pagkatanong
1973 Constitution
January 17, 1973- Marcos issued PD No. 1102 declaring the new
constitution ratified by the Citizens Assemblies, and has thereby
come into force and effect, to the surprise of the People
During the 1935 Constitution, ratification was through a vote by a
secret ballot
In Javellana v Exec Sec (excerpt on page 10-11 on Nachura book)
o
Napakahabang kaso raw nito UNTIL the Llamanzares
Case (Grace Poe)
o
The validity of the ratification was challenged
o
3 of the justices: Antonio, Makasiar and Esguerra said
that there was substantial compliance

Validly ratified

Ending: with the result that there are not


enough votes to declare to that the New
Constitution is not in force xxx Accordingly, xxx
there is no further judicial obstacle to the new
Constitution being considered in force and
effect

They failed to declare PD 1102 unconstitutional

Tawag nina Bong Lo rito: na-onse (11) na, nauto (02) pa

The Filipino people were submissive to the dictatorial era of


Marcos until 1984 nagkaroon ng oil crisis, kumalam na naman
ang sikmura ng mga Pilipino

Followed by pagkakakulong ni Ninoy

The 1986 Snap Elections

The 1986 EDSA Revolution

The actual take-over of the Revolutionary Government from Feb


25, 1986 to March 24, 1986 after Marcos was ousted

The Proclamation of the Freedom Constitution


o
Proc No. 9 creating the Constitutional Commission

1987 Constitution
o
Took effect on Feb 2, 1987 during the plebiscite when the
people ratified the Constitution

September 8, 2016- 3rd meeting


Judicial Review
is the power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution
o
checks and balances
this is not an assertion of superiority by the courts over other
departments, but merely an expression of the supremacy of the
Constitution
inherent in the Judicial department by virtue of the doctrine of
separation of powers
-

Judicial review not only lodged in SC but in all lower courts


o
although no court is with equal power with the SC
o
remember: the legislative power is vested in the
congress; the executive power is vested in the President
ALONE; the judicial power is vested in the Supreme
court, which is the court of last resort as created by the
constitution, and all courts as may be created by law.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

note: power of the SC cannot be reduced by the


Congress but jurisdiction may be increased by
law provided with recommendation of the
Supreme Court.
Judicial power is the authority of the courts to
hear and determine the subject matter before it.

subject matter is determined by the


jurisdiction.
o
Granted by law
Judicial power is unique in the sense that it
cannot exercise judicial power UNLESS it
acquires jurisdiction over the parties/subject
metter.

Once acquired, its never lost until


finality of the case.

2 Judicial Powers
1. judicial review power to review, amend, revise and modify lower
court and quasi-judicial courts decision.
a. Review by the court of the decision of quasi judicial body
is an exception to the principle of separation of powers.
2. Adjudicatory power power to hear and settle dispute or
controversies.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and 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. ART VIII Sec. 1, 1987 Constitution

kahit ano pang power yan, the court applies the law. they
interpret the law or the constitution. (all cases of lower court,
criminal cases, cases involving questions of law, constitutionality
of the law, executive order, treaties)
certiorari involves questions of law

Requisites in order to acquire jurisdiction


1. there should be an actual case or controversy
a. SCs announcing the decision before promulgation; SCs
chief justice explaining to the media the decision made

b.

c.

2.

Case must be ripe for judicial decision. For example, yung


law na hindi pa na pupublish pero subject of a case na
daw a rule, dapat hindi ganon. Not ripe for adjudication
yung controversy. XPN: kahit hindi pa na iimplement but
the unimplemented law has raised an issue which is of
transcendental importance.
Lis Mota of the case becomes moot and academic. If the
issue becomes moot and academic, as a rule, there is no
need for the court to decide the case. A case which has
become moot and academic is an example of a case
where there is no more actual issue or controversy.
However, the rule admits of several exceptions that even
if the case becomes moot and academic, the court may
still opt to hear the case:
i. To educate the bench and the bar especially if
capable of repetition. (violation of freedom of
speech which has chilling effect)
ii. Grave violation of the constitution.
iii. Transcendental importance. (inaresto sa EDSA2
in violation of the executive order ni GMA)

Issue must be raised by the proper party


As a general rule, to be such, the person must have
actual or threatened injury traceable to action filed which
could be redressed by the court. This is legal
standing/locus standi.
Example: leftist questioning the anti terrorism
law. medyo praning kasi sila, feeling nila,
minamatyagan sila. Sabi ng SC, wala pa naman
nahuhuli dito, how can you prove injury? One
must show connection between surveillance and
anti terrorism.
Standing depends on what case is lodged before
the court. Example:
To question tax laws or government
appropriations, you should at least be a
taxpayer.
Election rules, dapat voter ka. This is known as
Voters standing. Meron din tayong tinatawag na
legislative standing. It means that one is
deprived of his fuction as legislator.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Citizens standing is the right to file an action or


information for civil ang political rights.
However, the rule admits of an exception. In some cases,
even walang standing, the court may opt to brush off the
technicalities of the procedures in the interest of justice.
For example, the case is of transcendental importance.
3.

must be raised at the earliest possible opportunity.


For example, late mo na chinallenge ang jurisdiction ng
court, you will then be estopped from further asserting
that issue. (tijam vs. sibunghanoy)

4.

there must be a necessity to decide the constitutional question.


The court can only decide justiciable question (legal
question). For example, a question is not legal if it is a
political question. Hindi lang political question (treaties,
bilateral agreement, creation of a law, etc.// or from the
people themselves, like revolution, people has a right to
revolt because they are the sovereign power and all
governmental power emanates from it) , pwede ding
religious question (ano ba ang tamang relihiyon? The
court cannot entertain religious question. This is a
violation of the church and state). the TEST to determine
as to whether it is a legal question is to know if it can be
answered by the other department.

law is allowed to be challenged because it will produce a chilling effect


which partakes the nature of transcendental importance.
Void for vagueness rule lacks comprehensible standards that
men and women of common knowledge to guess as to its meaning and
application. In this case, no fair notice of what is to be avoided. The agents
of the government is given unbridled power to determine the coverage of
the law.
Another type of facial challenge is overbreadth. Overbreadth
doctrine. statute/ law is unconstitutional as it prohibits speech but a
substantial amount of ptrotected speeches is chilled or restricted. (double
check) ang example ni sir dito ang yung law sa US na nagsasabing bawal
ang pornography sa bata. Bago ma access yung site, kailngan ilagay mo
muna yung credit card number mo. So dito, though na regulate nga ung sa
mga bata, na regulate din ung access ng matatanda. Eh dapat kasi di
naman masala yung matanda kasi wala namang problema sa kanila.
Why do we need judicial review?
1. to declare law invalid if unconstitutional
2. legitimizes a law if constitutional (wala ng kaduda dudang in line
with the constitution yung batas.)
3. symbolic/educate the bench and the bar.
Views on unconstitutional law
We have 2 views: 1. The modern view; 2. The orthodox view.
Check niyo na lang yung definition.
Etong modern view daw, lumbas lang ito kasi otherwise,
masasayang ang mga nagawa ng unconstitutional law prior to its
declaration of unconstitutionality. For example yung PDAF, so
anong gagawin mo dun sa mga infrastructures, sa mga bagay na
pinag gamitan nung PDAF nay un? Wawarakin mo? Siyempre hindi
na. that's why nagkaroon tayo ng Modern view. Correlate niyo sa
doctrine of operative fact. di ko masyadong na capture.

Challenging constitutionality
If you file a case, show that you have suffered actually or
threatened pursuant to such law. you challenge law as applied to you.
GR: di pwede ang Facial Challenge as a rule. (bakit ano ba tong
facial challenge na ito?).
XPN: violation of freedom of speech and expression and of the
press and concomitant eklat eklat.. like right to assemble. Dito kahit wala
naman pa naman talagang actual or threatening injury, nevertheless, the

STATE

The state is defined in many ways, pwede kay nachura, nagbigay


din siya ng definition niya (which I failed to capture) BUT in every
definition, the 4 elements of the state must be present.
1.
2.

people
territory

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

At meron din naman tinatawag na Governmental


standing. The government has a standing to file
a case as to matters affecting the people or the
government.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

eh bakit naman daw tayo may provision on territory? Mayroon


daw kasing historical basis kung bakit ganito. Noong 1935, un
gating constitution daw ay ipapa approve natin sa US president at
pipirmahan niya ito personally. The constitutional convention fears
na kung ano lang ang ilagay nilang laman sa constitution, yun
lang ang ibigay ng US. Kaya sinama na nila kasi pipirmahan ng us
president, they will be estopped.

then there came UNCLOS and we move the international


community to recognize kaya naglagay ng 1973 national territory.
Sa 1987constitution, sinama for academic purposes pero binago
ung historical claim for political purposes.

Article 1 archipelago. Body of water studded with islands. Pwede


ding group of islands surrounded by water. Basta common ay may
water at islands. Check niyo ung definition ng archipelago sa
UNCLOS (dinictate ni sir)

Terrestrial and aerial territory. Ang problema sa terrestrial, how


deep. Ang problema sa aerial ano ang extent correlate mo dun sa
movie na binggit ni ser.

Fluvial domain it is settled. See diagram 1.0

Archipelagic doctrine
There are (2) elements for the application of this doctrine.
1. straight baseline method identify the outer most island in the
archipelago; then outer most point of that island; extend to 12mi then
connect with imaginary lines;
2. Internal water principle. all waters around, between and
connecting, regardless of the breadth and dimension.
However, the archipelagic doctrine was not approved by the UNCLOS.
Ang in-approve lang ay 1:9 ratio. This resulted to what is called,
regime of islands. See illustration 3.0.
The problem sa regime of island (yung in-approve ng UNCLOS) ay
there will be some waters not included. It gives danger. Kaya
napagkasunduan na pwedeng dumaan basta hindi dadaan sa

TERRITORIAL SEA ng archipelagic state. This principle is known as the


Right of INNOCENT PASSAGE. For the passage to be considered as
innocent, it must be expeditious and continuous. Bawal yung mga
barkong may dalang firearms, fishing equipment, laboratory kasi it
does not signify innocence. So dapat commercial ships and planes
lang. from the principle of innocent passage nag result din ang sealanes. Sea lanes and air routes are determined and designated by the
sovereign state for the passage.
4. people
Constitution refers to people, inhabitants, citizens,
voters/electors. The word people has been used
interchangeably, minsan kasali pa pati foreigners.
However, mas maganda kung ikaw at isang citizen kasi
mayroon kang privileges pero siyempre meron ding, duties
and obligation.
Ano ano ba ang mga obligations ng isang citizen?
i. allegiance to the republic of the Philippines;
ii. Follow the constitution and the laws and also the
duly constituted authorities;
iii. To pay taxes;
iv. To defend the country
How do you acquire citizenship? It can be voluntary or
involuntary.
An example of involuntary is birth. Wala kang choice.
Correlate mo ito sa principle ng jus soli and jus sangguinis.
Jus soli principle states that the place of birth determines the
citizenship of the child. On the other hadn, the jus sangguinis
principle states that the citizenship of the child is determined
by blood relations to his parents. Mother, father or both. It
depends.
Citizenship may likewise be acquired voluntarily. It can be
through naturalization. Naturalization is a legal process
(judicial naturalization). In this process, the foreigner
presents his intent 1 year in advance that you want to be a
filipino citizen, that you possess all the qualification and non
of the disqualifications. A hearing will then be conducted
where the OSG is likewise present, there you will show that

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

which is fixed. Article 1 of the constitution. Sabi ni sir, kahit


na ano daw ang ilagay mo sa iyong constitution, if not
recognized, walang silbe especially if the territory that you
claim is also the territory which the other sovereign entity is
claiming. Thus, recognition is a must.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
you do not have any of the disqualifications. Ano ano ba ung
qualifications?
1. 10 years residency and continues to be such (xpn:
foreigners na pinanganak dito 5 yrs. Na lang, teachers,
inventors with useful inventions.);
2. useful to any business or occupation;
3. language requirement english/Spanish/Arabic and 1
filipino dialect;
4. pag may anak nasa Filipino school;
5. believe in our constitution;
6. have mingled to Filipinos;

There will be a 2 years probation. After the probationary


period a certificate will be issued.
A naturalized Filipino citizen should not be treated as second
class citizen, as a rule. However, despite that notion, there
are still some limitations. For example, there are government
positions that is reserved only for the natural born citizen.
What if ganito. Ikaw ay isang naturalized foreigner, yung
asawa mob a naturalized na din? Hindi pa! kailngan din nyang
mag pa naturalize BUT mas madali na kasi kailngan mo na
lang I prove ung that you do not possess any of the
disqualifications. This is also known as the DERIVATIVE
NATURALIZATION.
What if ganito, you marry a male foreigner?
Citizenship may be lost kahit natural born ka pa or naturalized
ka, HOW? Issue a certificate na ayaw mo na (voluntary). O
kaya involuntary through refusal to defend the state at times
of war, or through espionage, treason.

Philippines does not denounce dual citizenship, what is


prohibited is dual allegiance. However, bawal ang dual
citizenship if youll run for office. If you are dual citizen and
you wish to run for public office (na hindi reserved of course
sa mga natural born) then renounce mo yung isa.
September 15, 2016- 4th meeting
Preliminary Coverage ay hanggang sa huling sasabihin ni Sir.
CITIZENSHIP
See separate file
STATE

Just make sure you have the 4 elements of the state in your
definition of the state. Yung ibang scholar, they include as 5th
element international recognition.
Kung si sir daw mag define ng state, ang emphasis niya ay
sa PEOPLE kasi that's the very reason why the state exist.
The STATE is a community of persons more or less numerous
occupying a fix and definite portion of territory having a system of
government by which the people express their will and free from
external control and has the power to command and demand
obedience to its people.

GOVERNMENT
It is the agency through w/c the people expresses their will. We
describe government in different way.
But FORM, METHOD, SYSTEM, AS TO HOW MANY IN CHARGE OF
GOVERNING
1. Monarchy;

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

disqualifcations:
1. terrorists
2. anarchists
3. polygamist/ or atleast believers un polygamy
4. mental alienation
5. incurable disease
6. if your country does not allow Filipinos to be naturalized
in your country, then that is likewise a disqualification.

Because of this rules, pwede kang mawalan ng citizenship or


maging stateless person. Halimbawa, requirement sa pag
aapply sa US ng citizenship ay I renounce mo yung current
citizenship mo. Kaso hindi na approve ung application mo, eh
ni renounce mo na. wala na. stateless ka na.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

As to relationship of legis and exec


Presidential - Executive and Legistive has separate power
Parliamentary - there is fusion of powers between legislative and
executive
As to number of government (relationship of central govt to local
govt)
kingdom

Unitary govt there is only 1 government (pinas)


Federal there is a state within a state; kingdom within a
However we recognize autonomy of the local government.
Mahalaga ang autonomy kasi di naman kaya ng central govt.
lahat. Ano ang pakielam ng imperial manila sa nag le-leak na tubo
sa Itbayat Batanes? So mas maganda kung decentralized, para
natutugunan agad ang kanilang pangangailangan.
Though empowered ang local government, it is only with respect
to administration and not political matters. Pag sinabi mo kasi
decentralization, may abdication ng political power, WALA tayong
ganun. Kahit pa yung mga autonomous region.
Sample ng federal govt ay US (state within a state) and UK
(kingdom within a kingdom). Ang US kaya siya federal kasi yung
kingdoms nila magkakahiwalay. History: Kingdom v kingdom.
Later nag tulong tulong sila to conquer other kingdom kaya
tinawag na united kingdom.
Ang US dati bakante, native Indians lang. dumating Europeans
sinakop sila. Originally 13 lang ang states nag declare ng
independency from UK. Later lumaki ng lumaki, sumama na yung
ibang states. So ang nangyare nag tayo sila ng federal para
maging solid sila.
Lahat ng nag federal dati magkakahiwahiwalay tapos nag samasama. Kaya kung mag federal ang pinas, kakaiba tayo kasi
baliktad.

Presidential
Meron ding legis exec
There is no perfect government. It depends on the culture,
practices etc
Sir Bong: Maganda sa parliamentary, pwede kang tumagal, kung
palpak naman, pwede alisin mabilis lang. unlike sa presidential,
talo ka. Kailngan mo maghintay at kung magaling naman, limited
lang sa 6 years ang presidency niya.
DE JURE v. DE FACTO
De jure Govt government established in accordance with the
constitution
De Facto govt - Government exist in fact but not in accordance
with law (sinakop ng hapon or commonwealth ng US or sarili
mong military nag coup de tat)
Govt of cory is de jure kasi it is the will of the people the will of
the people is the Supreme law decided by the supreme court.
If the govt is de Facto (belligerent), what happens to its
laws? Walang effect as to civil laws unless they amend it or
repeal it. Pero with regard to political laws (unitary/federal
system), pag pumasok ung belligerent state or enemy state, they
impose their own Political laws, suspended yung atin. Pag umalis,
balik na yung atin unless we want to retain some of the political
laws of the enemy state). THUS, yung mga nag divorce, nung
time na may divorce, it was held valid even we are under the
Japanese occupation since civil laws are not suspended ang
divorce is a civil law.
Yung sovereignty hindi nawawala, kahit sakupin ka pa ng ibang
bansa. So nung sinakop tayo ng hapon, ang gating sovereignty ay
nasa US. During Japanese occupation, suspended political laws.
Ginawa ng mga hapon in order to win the sympathy of the people
they said, ayaw ba ibigay ng US independence niyo, kame na
lang ang mag bibigay! Q: so independent na ba tayo? Hindi. Kasi
ang sovereignty natin nasa us, sila lang pwede mag pakawala
satin.

Whats the difference between parliamentary and


presidential type of govt?

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

2. Aristocracy which is the rule of the few


3. Democracy which is the rule of the many; Greek word demos
means many.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
So yung utang mo ng panahon ng hapon, wala na ba pag umalis
na hapon? Hindi. hindi naman political yun eh. Pano bayaran?
Adjust mo na lang.

Di lahat ng tao pwede nasa gobyerno that's why we elect


representative. That's why republican state tayo. A representative
government is a republican government.

Sa local govt mayron ding de facto at de jure.


De-jure met all the requirements of the law
De facto there is a law creating it, attempt, colorable compliance
however not established at may kulang. (i.e. walang plebiscite)

Characteristic of sovereignty is that it is permanent. Not


interrupted as long as the state exist; Exclusive: there is only one
supreme power independent , in-alienable, imprescriptible, power
to exploit and explore its resources (dominium)

Halimbawa nagkaroon ng government, may officials nag ooperate


pero walang plebisito. So de facto kasi kulang eh.

When the state exercises its power, it is an act of DOMINIUM


(proprietary private or ministerial functions). Yung dominium
optional siya (private/ proprietary/ministerial).

Quo warranto = quo what


= warranto authority
by what authority
So di pwedeng by collateral attack. Halimbawa you don't pay tax
kasi you are not a de jure govt. ang original attack is the
nonpayment of taxes, pero collaterally inaattack mo ung
governments status.
Pero kung ung government ay absolute nullity direct attack by
quo warranto or by collateral attack by ANY PERSON.
SOVEREIGNTY
It is supreme power of the state to demand and command
obedience. This definition is what you call internal sovereignty.
External sovereignty is the exercise of power independent from
another state. (legal and political sovereignty) legal sovereignty
power to give commands; political sovereignty sum total of all
the influences of the state. (mas wide)
Sovereignty resides with the people and all govt authority
emanates from them.
That's why we are democratic state- government for the people by
the people of the people.

When the state create laws that's an act of IMPERIUM. Imperium


minsan tinatawag na govtal, consitutuent fucntions. maintence
peace and order, taxes, expropriation. The very function why
government is created.
IMPORTANCE OF KNOWING IF GOVERNEMNT IS
EXERCISING DOMINIUM OR IMPERIUM
Imporatnte disctinction sa suability/ non suability/ for
expropriation.
Act of state is an act done by or under the authority of sovereign
power. So yung act ng president is an act of the state because he
has authority to exercise sovereign powers.
When people choose leader to exercise sovereignty for them,
people are exercising sovereignty indirectly
Direct exercise election, plebiscite, revolution. You don't need to
put that in the constitution because voice of people is voice of
God.
IMMUNITY FROM SUIT
Otherwise known or called Royal Prerogative of Dishonesty because its
unfair. It contemplates a situation wherein you have a legitimate claim but
you cannot sue. Monarchial government introduced this concept, just like
the Regalian Doctrine.
The principle states who are immune from suits?

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

How do you challenge a de jure government no you cant, it is


impregnable to any attack!
Eh pag de facto challenge legal existence you cannot, only direct
attack by a petition for Quo Warranto BY THE STATE.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
The State art.16 sec. 3 of the constitution. the state cannot be
sued without its consent.
Ratio: if you allow the state to be sued, you are actually suing the
people. If everyone can sue them, public service will be
endangered.
Theoretical reason you cannot sue the state that gave you the
power to sue. There can be no legal right against whom your right
depends.
In Republic vs. Feliciano suit from recovery of property against
the government is an action in personam. Thus you are suing the
govt state who is in actual possession of the property. Thus you
are suing the state, hence prohibited.

however, immunity from suit cannot be used to perpetuate


injustice. Otherwise there will be unjust enrichment at the
expense of another.
Q: How about govt corporations, can they be sued?
It depends:
1 if vested with a different personality and the law creating it allows it to be
sued, then yes
2. if not vested with a seprate legal personality, no. kasi adjunct lang siya
ng govt and govt cannot be sued. However if its performing proprietary
function, it can be sued for it is performing private function.
3. Implied consent may also be given impliedly. If the state sued
an individual Republic vs. Sandiganbayan. Tapos nag
counterclaim. Or halimbawa nag intervene ung govt tapos
nanghingi ng affirmative relief. Pero kung nag file ng intervention
pero walang affirmative relief nirequest, then they are immune
from suit.

XPN: there is consent which can either be express or implied.


1.

Express through congress, by general law, express provision


of the law allowing the state to be sued and sue. Act 3083,
commonwealth act. this are laws for money claims arising
from contracts.

4. When the state enters into a business contract. They go


down the level of an ordinary business enterprise. Proprietory
functions. Distinguish mo kung proprietary function or
governmental function. Pag proprietary function, pwede ma sue.

Can also be a special law. Yung sa IRRI. In-allow sila mag


sue.
2. When the government entered into a contract with the private
person. DA v. NLRC.
However the court makes exceptions: the immunity from suit cannot
be used to perpetuate injustice.
* In the new civil code, pwede maging liable ang government for
quasi delict committed by an agent not in his regular job or not an
employee of the govt.
* Article 32 of the new civil code. PO fails or refuse to provide
assistance and resulted to damage or death. The PO may be liable
a. if the local govt maintains a
nuisance and is abated,it can be
made liable
b. illegal/mistaken collected for taxes,
local govt may be liable not only
for the tax but also for interest.

Q: What about local government units? Can it be sued? Yes for


proprietary function. If governmental function? Yes pa din daw!
Sec. 22 of LGC. No more disctinction required.
CHECK MO UNG FUNCTIONS MOND!
Q: What about foreign states? In international law, a state cannot sue
another state because of the Principle of Equality of States, principle of
sovereign power of the state. Par in parem non habet imperium. state
cannot enforce sovereign power against another state.
(2) schools of thought:
1. Classical/ absolute a sovereign state cannot without its consent be
sued in the court of another state at any cause or for whatever reason.
2. Restrictive theory immunity of sovereign state is recognized only for
governmental functions (jure imperii)
TESTS

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

1.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
That's the test if jure gestioni if a state enters into a contract with private
property as a subject matter, malamang ito, Jure Gestioni.

What if yung mg aprivate servants? Mayron din privileges, they are exempt
from taxes and dues. But not from any action crim civ admin pa yan.

Another test, tignan mo ung activity ng other state in the regular course of
business, if they do it in the regular course, Jure Gestioni yan.

What if yung german ambassador dito kumuha ng maid? They don't enjoy
such privilege.

If hindi pa rin, test the nature of the particular act of transaction, is it for
profit or gain, sovereign gain? Jure gestioni

3. Consuls
Consuls are not diplomats, they do not represent the state in political
matters. Ang function ng consul ay commerce and navigation; issuing
passport and visas and protecting their national in the foreign state.

Diplomats: AMBASSADORS
1. Ambassador; an ambassador represents his state, so whatever he does
is an act of the state. Since govt is immune, the ambassador is likewise
immune.
The ambassador enjoys Immunity from criminal/civil or admin suit.
Remedy: request sending state to recall ambassador and recommend to
take judicial actions against that person.
HOWEVER, sa civil at admin, may exception, hindi siya immune from suits:
1. Real actions relating to private immovable prop. Situated in the
territory of the receiving state. XPN: he is holding that property in
behalf of the state.
2. Actions relating to succession in which he is an administrator,
executor, heir or legatee as a private person. So pinamanahan siya
or admin siya ng isang prop. XPN: He is doing that in behalf of the
sending state. (PANO?)
3. Actions relating to any professional or commercial activity outside
his official function. Kunyare ambassador siya india to phl tapos
sideline niya benta kulambo.
2. DIPLOMATIC STAFF
What about the DIPLOMATIC STAFF diplomatic suite or diplomatic retinue
technical or service staff of the embassy? For criminal actions, they are
immune from suit. For civil and admin, immune lang for those related to
function.

However they enjoy certain privileges pero hindi katulad ng sa ambassador.


A consul, staff, family at ung mga kasamahn niya:
1. right to official communication (privilege communication);
2. inviolability of archives;
3. exempt from criminal jurisdiction in the discharge of official
functions but not local laws. Kailngan official function ha. Ex.
Sa camp john hay, may golf course don tapos sa 19th hole sarap
mag breakfast doon, so meron isang cook na Pilipino, yung isa
maerikano din. Yung supervisor nila tinerminate sila in violation of
the labor code of the Philippines and the agreement allowing them
to stay here. Are they exempt? No, kasi violation of PHL laws not
part of their official function.
4. Civilsuits but only in the discharge of official functions not for
personal.
5. Exempt from tax, customs duties, social security rules, service in
the military, privilege of displaying their flag or insignia in the
consulate.
Pag ang president sinabi na yang taong yang enjoys diplomatic immunity,
political question yan. the court cannot intervene.
Sa us/uk may guidelines ginawa ng exec/legis, they give suggestion to the
court kung sino mga immune from suit. Sabi ng SC: para malaman ng
court kung sino immune, suggestion must come from DFA. Hindi ka ng
recommendation sa DFA para maging immune. The court will determine if
walang suggestion sa DFA, based on facts and cimcumstances and
transaction involved kung immune or not.
On Vienna convention on diplomats: foreign affairs department has the
power to determine kung sino ang immune.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

Q: What about international organization like UN, WHO? Same rules


of the foreign state; not because they are equal but because of
international agreement. Because we enter into that international
agreement, we follow that. That's a universally accepted principle in
international law.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Lalo na admin, logically, kasi highest penalty is termination and you cannot
terminate the president, he can only be removed by impeachment. But
after his term, he can be sued, crim/civ/admin but not for performing
official functions (that is his prerogatives) but not unofficial functions:
shoot to kill, crimes committed before his term.
Pero sa writ of amparo pwede isama ang respodents at ang president
kasi the said writ does not concern as to who has liability, but only as to
who is responsible and accountable.
CONGRESS
What about members from congress? No! only the president. Not even
VICE president.
Members of the congress are immune lang from arrest while congress is in
session otherwise pwede.
Ratio: mamaya taktika un ng other party para di makaboto in passing a
legislative act. minor crimes lang ha. Certain crimes lang. not all.
Instances when suit against public officers are not considered as
acts of the state:
1. Mandamus to public official;
2. Petition for prohibition against public official
3. For private acts or personal capacity
4. Ultra vires act/badfaith/malice/gross negligence.
Distinguish Suability and Liability
Suability depends on the consent of the state, meron ba? Implied or
express?
Liability depends on the law and est. facts like WON the the act of the
govt is in the exercise of govt function? Or proptietary? So ano ang test
mo?
1.

If the damages to be awarded ay kailngan ng appropriation from


the govt, that's a suit against the govt. State cannot be liable for
that. If the state give its consent, it does not automatically result
that they will be liable. Even though it allowed itself to be sued.

Eh paraa saan yun kung di rin naman pala automatically siya


pwedeng gawing liable? When the state gives consent, its giving
you a chance a chance to prove whether it is performing
proprietary function or governmental function. So pag nag
peperform ng proprietary fuction ang government they can be
sued. Pero pag governmental function they may be sued pero not
necessarily liable.
Pero may provision ang LGC sec. 24 liability for local govt units and their
officials are not exempt for liability for death or injury to persons or
damage to properties. So ibig bang sabihin niyan even if their
performing official function and regular agent liable na sila?
Yung iba sabi pwede despite art. 24. It can be sued but it cant be liable.
Coco Pimentel
Yung iba naman (bong lopez) statcon negative ung sentence ibig
sabihin mandatory; if the law does not qualify, you should not qualify di
naman govtal or pro; express - nandun na sa sec 22 that they can be sued
and sue; pagnaglagay ng provision na bago, ang intention idagdag; ang
linaw ng batas.
Yung nabagsakan ng window pain Civil code. Oo naman express provision.
2128 ng NCC. Teotico v. Fontanilla, nahulog sa man-hole.
PREAMBLE
Is preamble part of the constitution? YES! In fact it's the first part. But not
an essential part for it grants no power, office, privilege, imposes no
penalty. Its just and introduction.
Latin preambolare to walk before
Purpose:
1. serves as an introduction;
2. tells you the author of the constitution
a. author is the Filipino people.
3. It tells you why did they right the consitutuion; they ordained and
promulgate the constitution, but why? In order to build a just and
humane society; embody ideals, prmte common good, patrimony,
independence and democracy but not to implore the aid of
almighty good,

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

PRESIDENT
What about the president of the Philippines? When is he immune from suit?
Criminal, civil, admin DURING his term only.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Differences between the preample of the 1987 consitution to our previous


constitution:
1.
2.
3.

Dati ung just and humane society wala dati pero dahil sa martial
law nagkaroon. It is a reaction to the martial law.
Dati divine providence, e parang malayo daw si Lord, kaya
ginawang Almighty God.
Hindi maintindihan bakit common good ang nilagay. Ang gen
welfare , yung sa tingin ng marami makakabuti sa kanila.
Common good ang dating kasi ang nakakaalam ay ang mga liders.
Ibang perspective.
Promote common good, dati general welfare. Common good
nakakatakot, gagamitin ng diktador, relative kasi yan.

NOTE: Conserve and develop patrimony patrimony mga minana natin,


tradition
NOTE: Secure to ourselves our posterity posterity is next generation
4. The blessings of independence and democracy- dati wala
independence
5. Rule of law- dati walang Rule of Law but as reaction sa martial
law, meron na.
6. Wala yung truth and love dati. Tayo may salitang love sa
constitution.
STATE POLICIES AND PRINCIPLES
Ano ang difference ng principles sa policies?
Principles are the binding rules w/c must be observed in the conduct of
government;
Policies - guidelines for the orientation of the state (libro ni bernas)
We discussed before that there are self executing and non executing state
policies.
However, the distinction between state policies and state principles
are not important since they are used interchangeably.

Philippines democratic and republican there manifestation that we are a


democratic and republican state; democracy rule of majority but the
majority should respect right of minority. Rule of the many daw dapat pero
MISNOMER DAW ITO example yung pagkanalo ni RAMOS. Kung susumahin
daw ung hindi bumoto sa kanya, mas majority pa daw yun. Dapat ang Rule
of the maj 50+1. Example ng manifestation ng democracy and republican
state:
1. separation of church and state;
2. check ang balances;
3. separation of powers;
4. congress cannot pass irrepealable laws;
5. election/referendum/plebiscite
6. civilian government is the highest authority
Ano ang manifestation nito? Kasi the consti made the
president, who is a civilian as the commander in chief of
the armed forces. See? ung phrase na civilian govt ang
pinapatunguhan daw non ay yung President.
Another example, ano mas mataas, barangay kap. O
general ng armed forces? Depende daw yan sa
sitwasyon! Hahaha. Kung yung heneral, nag iinom sa
kalsada dis-oras ng gabi, eh pwede naman sigurong
sitahin nung kapitan ung general.
Phl renounces war as national policy
Can Philippines declare aggressive war against china? No! unconstitutional
and stupid.
Can we declare defensive war? NO. we renounce war as an instrument of
national policy. We can only declare a state of war. (ano yon? Haha)
Incorporation clause
The Philippines accept the generally accepted principles of international
law. With or without agreement even without concurrence of the congress.
Doctrine of transformation Treaties not univ accepted, if concurred by
Senate, (double check) para kasi itong may international custom, tapos I
a adopt natin sa bansa natin through legislation.
Civilian authority always supreme over the military
Absolute; in order to ensure, constitution makes the civilian the head of the
military, which is the president.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.

Page20

Eto lang daw talaga ang preamble e, We, do ordain and promulgate
the constitution tapos. Everything is just and explanation. Antawag
dyan sa gitna adjectival clause, alisin mo man, buo pa din. That's a gerund.

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.
Sino mas mataas, yung general or brgy captain? It depends sa situation.
Kung may gera; new years eve. Ang tinutukoy daw dito na civilian
authority ay yung president.
A military govt is not a military govt; they are not elected by the people;
not democratic or republican according to sec.1

Page20

Sec. 4 the prime duty of the govt is to serve and protect the people.
reaction to martial law

KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.


KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.KUPALOURD.KUPALOURD. KUPALOURD.KUPALOURD.