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CHAPTER I
GENERAL CONSIDERATIONS Commonwealth Constitution (1935)
Constitution of 1973
Political Law Freedom Constitution (Feb. 25,
1986)
Political law is that branch of public 1987 Constitution (adopted on Feb.
law which deals with the organization and 02, 1987)
operations of the governmental organs of Outstanding Features
the State and defines the relations of the
State with the inhabitants of its territory. Revival of the Bicameral Congress
of the Philippines and the strictly
Scope of Political Law legal Presidential system.
The independence of the judiciary
Constitutional Law has been strengthened, with new
Administrative Law provisions for appointment and
Law of Public Officers increase in its authority, covering
Election Law even political questions formerly
beyond its jurisdiction.
Law on Municipal Corporations
Supremacy of the Constitution
Constitutional Law
The Constitution is the basic and
Constitutional law is a study of the
paramount law to which all other laws
structure and powers of the Government
must conform and to which all persons,
of the Republic of the Philippines.
including the highest officials of the land.
It also deals with certain basic
concepts of Political law, such as the
nature of the State, the supremacy of the CHAPTER III
Constitution, the separation of powers, and THE CONCEPT OF THE STATE
the rule of the majority.
Definition
Necessity of the Study
A state is a community of persons,
Every citizen, regardless of the more or less numerous, permanently
calling, should understand the occupying a fixed territory, and possessed
mechanisms and motivations of his of an independent government organized
government. This must be so because for political ends to which the great body
sovereignty resides in the people and all politic render habitual obedience.
government authority emanates from
them (Art.II, Sec. 1, 1987 Constitution). It State vs. Nation
is upon the active involvement in public
affairs of every Filipino that the success of The term nation indicates a relation
the Republic of the Philippines will depend. of birth or origin and implies a common
race, usually characterized by community
CHAPTER II of language and customs. The State is a
THE CONSTITUTION OF THE legal concept, while the nation is only a
PHILIPPINES racial or ethnic concept.

Elements of state.
Constitution of the Phils., past and
present

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1. People To our Supreme Court, however, the

2. Territory distinction between the two is not relevant
3. Government in our jurisdiction. Such distinction has
4. Sovereignty been blurred because of the repudiation of
the laissez faire policy in the Constitution
People (PVTA vs. CIR, reiterating the rule in ACCFA
vs. Federation of Labor Unions).
People refers simply to the Laissez faire literally means leave us
inhabitants of the State. alone; it denotes that the government
should play little or no role at all in the
market.

Territory Doctrine of Parens Patriae

Territory is the fixed portion of the One of the important tasks of the
surface of the earth inhabited by the government is to act for the State as
people of the State. parens patriae, or guardian of the rights of
The national territory comprises people.
the Philippines archipelago, with all the
islands and waters embraced therein, and
all other territories over which the
Philippines has sovereignty or jurisdiction,
consisting of its territorial, fluvial, and
aerial domains, including its territorial sea, De Jure vs. De Facto Government
the seabed, the subsoil, the insular
shelves, and other submarine areas. The 1. De Jure.A de jure government has
waters around, between, and connecting rightful title but no power or control,
the islands of the archipelago, regardless either because this has been
of their breadth and dimensions, form part withdrawn from it or because it has
of the internal waters of the Philippines. not yet actually entered into the
(Art. 1, 1987 Constitution) exercise thereof.
2. De Facto.A de facto government is
Government a government of fact, that is, it
actually exercises power or control
Government is the agency or but without legal title.
instrumentality through the will of the
State is formulated, expressed and 3 Kinds of de facto Government
realized.
1. The government that gets
Functions possession and control of by force
or by voice of the majority, the
1. Constituent.Constituent functions rightful legal government and
constitute the very bonds of society maintains itself against the will of
and are therefore compulsory. the latter.
2. Ministrant. Ministrant functions are 2. That established as an independent
those undertaken to advance the government by the inhabitants of a
general interests of society, such as country who rise in insurrection
public works, public charity, and against the parent state.
regulation of trade and industry. 3. That which is established and
maintained by military forces who

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invade and occupy a territory of the 2. Political sovereignty.The power

enemy in the course of war, and behind the legal sovereign, or the
which is denominated as a sum of the influences that operate
government of paramount force. upon it.

Government of the Philippines Characteristics of Sovereignty

Administrative Code of 1987, Sec. Permanent

2(1): Exclusive
The corporate governmental entity Comprehensive
through the functions of the government Absolute
are exercised throughout the Philippines,
Indivisible
including, save as the contrary appears
Inalienable
from the context, various arms through
which political authority is made effective Imprescriptible
in the Philippines, whether pertaining to
autonomous regions, provincial, city, CHAPTER IV
municipal, or barangay subdivisions or THE DOCTRINE OF STATE IMMUNITY
other form of local government.
The State may not be sued without
A government-owned or controlled its consent (Art. XVI, Sec. 3, 1987
corporation (GOCC) engaged in proprietary Constitution).
functions cannot be considered part of the
Government for purposes of exemption Basis of Non-suability of State
from the application of the statute of
limitations. The non-suability of the state is
based on the logical and practical
Administration vs. Government ground that there can be no legal
right against the authority which
Administration is the group of makes the law on which the right
persons in whose hands the reins of depends (Justice Holmes).
government are for the time being. The demands and inconveniences of
The administration runs the litigation will divert the time and
government. resources of the State from the
Administration is transitional more pressing matters demanding
whereas the government is its attention to the prejudice of the
permanent. public welfare.

Sovereignty Application

Sovereignty is the supreme and The test is whether, assuming the

uncontrollable power inherent in a State decision is rendered against the public
by which that State is governed. officer impleaded, enforcement thereof will
require an affirmative action from the
Two Kinds of Sovereignty State, such as the appropriation of the
needed amount to satisfy the judgment.
1. Legal sovereignty.The authority
which has the power to issue final Waiver of Immunity
commands.

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The State may be sued if it gives its

consent.
If the agency is incorporated, the
Forms of Consent test of its suability is found in its
charter.
1. Expressed consent.Expressed The test in every case is the nature
consent may be manifested either of the primary functions being
through a general law or special discharged.
law.
2. Implied consent.Implied consent Suability vs. Liability
is given when the State itself
commences litigation or when it The mere fact that the State is
enters into a contract. suable does not mean that it is
liable; or, waiver of immunity by the
When the government enters into a State does not mean concession of
contract for the State, it is then its liability.
deemed to have divested itself of Suability is the result of the express
the mantle of immunity and or implied consent of the State to
descended to the level of the be sued.
ordinary individual. Liability is determined after hearing
Immunity would be lost regardless on the basis of the relevant laws
of the nature of the contract (Santos and the established facts.
vs. Santos, Lyons vs. USA).
Suability would follow only if the CHAPTER V
contract is entered into by the FUNDAMENTAL PRINCIPLES AND
government in its proprietary STATE POLICIES
capacity (USA vs. Ruiz).
Governmental contracts do not
result in implied waiver of the Article II lays down the rules
immunity of the State from suit. underlying our system of government and
must therefore be adhered to in the
Suit Against Government Agencies conduct of public affairs and the resolution
of public issues.
If suit is against one of the
governments entities, it must be Preamble
ascertained if the principal has given its
consent to be sued. Preamble is not considered a source
It will depend in the first instance on of substantive right since its
whether the government agency purpose is only to introduce.
impleaded is incorporated or Literally means to walk before.
unincorporated. (Praeambulus: Walking in front)
Its not merely rhetorical; it
1. Incorporated agency. It has a indicates the authors of the
charter of its own that invests it Constitution.
with a separate juridical personality. It also enumerates the primary aims
2. Unincorporated agency.It has no and expresses the aspirations of the
separate juridical personality but is framers in drafting the Constitution.
merged in the general machinery of It is a useful aid in construction and
the government. interpretation of the text of the
Constitution.

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This power is exercised most

Republicanism effectively, at least during the
childs formative years, through the
A republic is a representative school.
government, a government fun by
and for the people. Women
The essence of republicanism is
representation and renovation, Art. II, Sec. 14 deals with the role of
the selection by their citizenry of a women in nation-building.
corps of public functionaries who
derive their mandate from the Social Justice
people and act on their behalf,
serving for a limited period only, Justice Jose P. Laurel, in Callang vs.
after which they are replaced or Williams, defined Social Justice thus:
retained at the option of their Social justice is neither
principal. communism, nor despotism, nor
atomism, nor anarchy, but the
The Defense of the State humanization of laws and the
equalization of social and economic
Art. II, Sec. 4, 1987 Constitution: forces by the State so that justice in its
all citizens may be required, under rational and objectively secular
conditions provided by law, to conception may at least be
render personal military or civil approximated.
service. Salus populi est suprema lex.The
The duty is imposed upon all welfare of the people is the
citizens. supreme law.
The duty must be personal, to
preclude the hiring by the rich of Separation of Church and State
mercenaries or professional
soldiers to take their place in the Art. II, Sec. 6 reiterates the
defense of the State. separation of Church and State shall
be inviolable.
The Incorporation Clause The doctrine cuts both ways:
o State is prohibited from
Art. II, Sec. 2: The Philippines interfering in purely
adopts the generally accepted ecclesiastical affairs;
principles of international law as o The Church is barred from
part of the law of the land meddling in purely secular
Every State is, by reasons of its matters.
membership in the family of No excessive entanglement.
nations, bound by generally
accepted principles of international Supremacy of Civilian Authority
law (doctrine of incorporation).
Art. II, Sec. 3: Civilian authority is,
Rearing of the Youth at all times, supreme over the
military. The Armed Forces of the
Art. II, Sec. 12 and Sec. 13 deal with Philippines is the protector of the
the proper rearing of the youth. people and the State. Its goal is to
secure the sovereign of the State

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and the integrity of the national

territory. The keynote of conduct of the
various agencies of the government
Local Autonomy under the doctrine of separation of
powers is not independence but
The strengthening of the local interdependence.
government is based on the
Jeffersonian view that municipal Blending of Powers
corporations are the small republics
from which the great one derives its There are instances under the
strength. Constitution when powers are not
confined exclusively within one
CHAPTER VI department but are in fact assigned
SEPARATION OF POWERS to or shared by several departments
a blending of powers.
Examples:
The doctrine is observed in our
o The enactment of general
country not only because it is
appropriations law, which
regarded as a characteristic of
begins with the preparation
republicanism but also for the
by the President of the
reason that the major powers of
budget, which becomes the
government are actually distributed
basis of the bill adopted by
by the Constitution among the
the Congress and
several departments and the
subsequently submitted by
Constitutional Commissions.
the President, who may then
approve it.
Purpose
o The grant of amnesty by the
President which requires the
Doctrine of separation of powers is
concurrence of a majority of
intended to prevent a concentration
all members of the Congress.
of authority in one person or group
o COMELEC does not alone
of persons that might lead to an
irreversible error or abuse in its deputize law enforcement
exercise to the detriment of our agencies to ensure free,
republican institutions. orderly, honest, peaceful and
credible elections but does so
According to Justice Laurel
with the consent of the
(Pangasinan Transportation Co. vs.
President.
PSC):
o Secure action
Checks and Balances
o Forestall overaction
o Prevent despotism
A system by which one department
o Obtain efficiency is allowed to resist encroachments
upon its prerogatives or to rectify
To achieve these purposes: mistakes or excesses committed by
Legislative.enactment of laws and the other departments.
may not enforce or apply them; Illustrations:
Executive.enforcement of laws o Lawmaking power of the
and may not enact or apply them; Congress is checked by the
Judiciary.application of laws and President through his veto
may not enact or enforce them.

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power, which may be Art. VIII, Sec. 1 broadens the

overridden by the legislature. concept of judicial power.
o The Congress may refuse to It has the duty to determine
give its concurrence to an whether or not there has been a
amnesty proclaimed by the grave abuse of discretion
President and the Senate to a amounting to lack or excess of
treaty he has concluded. jurisdiction on the part of any
o The President may nullify a branch or instrumentality of the
conviction in a criminal case Government.
by pardoning the offender There is grave abuse of discretion:
(Gloria Arroyo to Teehankee). o When an act done is contrary
o The judiciary has the power to the Constitution, the law,
to declare invalid an act done or jurisprudence, or
by Congress, the President, o It is executed whimsically,
and his subordinates, or the capriciously, arbitrarily, out of
Constitutional Commissions. malice, ill will or personal
bias (Infotech vs. COMELEC)
The Role of the Judiciary The broadened concept of judicial
power is not meant to do away with
The judiciary has the primordial the political questions doctrine
duty to uphold the supremacy of the itself. The concept must sometimes
Constitution. yield to separation of powers, to the
To determine the valid exercise of doctrine on political questions or to
power, the first criterion is whether the enrolled bill rule.
or not the power in question has
been constitutionally conferred CHAPTER VII
upon the department claiming its DELEGATION OF POWERS
exercise.

Justiciable vs. Political Questions Potestas delegata non delegari

potest.What has been delegated
Justiciable questions.A purely cannot be delegated further.
justiciable question implies a given The delegation of legislative power
right, legally demandable and has become the rule and its non-
enforceable, an act or omission delegation the exception.
violative of such right, and a
remedy granted and sanctioned by Permissible Delegation
law, for said breach of right
(Casibang vs. Aquino). 1. Delegation of tariff powers to the
Political questions.It connotes President.
what it means in ordinary parlance, 2. Delegation of emergency powers to
namely, a question of policy. It is the President.
concerned with issues dependent 3. Delegation to the people at large.
upon the wisdom, not legality, of a 4. Delegation to local governments.
particular measure. 5. Delegation to administrative bodies.

Political Questions Under the New Tariff Powers

Constitution
Art. VI, Sec. 28(2)

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The legislative process is much too details which the Congress may not
cumbersome for the speedy solution have the opportunity or
of some economic problems, competence to provide.
especially those relating to foreign This is effected by their
trade. promulgation of what are known as
supplementary regulations, such as
Emergency Powers the implementing rules issued by
the Department of Labor on the
Art. VI, Sec. 23(2) Labor Code.

Conditions for the vesture of emergency Tests of Delegation

powers in the President are the following:
The true distinction is between:
1. There must be war or other national o Delegation of power to make
emergency. law (cannot be done);
2. The delegation must be for a limited o Conferring authority or
period only. discretion as to its execution,
3. The delegation must be subject to to be exercised under an in
such restrictions as the Congress pursuance of the law (no
may prescribe. valid objection can be made).
4. The emergency powers must be
exercised to carry out a national 1. Completeness Test.The law must
policy declared by the Congress. be complete in all its essential
terms and conditions when it leaves
Delegation to the People the legislature so that there will be
nothing left for the delegate to do
Referendum.It is defined as a when it reaches him except enforce
method of submitting an important it.
legislative measure to a direct vote 2. The Sufficient Standard Test.It is
of the whole people. intended to map out the boundaries
Plebiscite.It is intended to work of the delegates authority by
more permanent changes in the defining the legislative policy and
political structure, like a proposal to indicating the circumstances under
amend the Constitution. which it is to be pursued and
effected.
Delegation to Local Governments
Pelaez Case (Emmanuel Pelaez vs.
The local legislatures are more Auditor General)
knowledgeable than the national
lawmaking body on matters of The completeness test and
purely local concern and are sufficient standard test must be
therefore in a better position to applied together or concurrently.
enact the necessary and
appropriate legislation thereon.

Delegation to Administrative Bodies

Administrative agencies may

implement the broad policies laid
down in a statute by filling in the