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REVIEWER

Reference: Philippine Political Law by Isagani Cruz

I. INTRODUCTION: THE CONSTITUTION

Political Law

1. Definition:
It is a branch of public law which deals with the organization and operation of
the government organs of the state and defines the relations of the state with the
inhabitants of its territory.

II. THE CONSTITUTION OF THE PHILIPPINES

- Commonwealth Law 1935

- Constitution of 1973(Marcos)
- Constitution of 1987(18 articles)

III. CONCEPT OF THE STATE

Definition: STATE = nation

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

ELEMENTS:

1. People
o inhabitants of the State

2. Territory
o fixed portion of the surface of the earth inhabited by the people of the State
o Philippine territory consists of:
▪ the Philippine archipelago; and all territories over which the Philippines
has sovereignty or jurisdiction
▪ The Archipelagic Doctrine: Bodies of water within the baseline, regardless
of breadth, form part of the archipelago and are considered as internal
waters.

3. Government
o agency/ instrumentality through which the will of the State is formulated,
expressed, and realized

a. Functions

i. Constituent functions
- constitute the very bonds of society; compulsory
- keeping of order and providing protection
- fixing of legal relations between man and wife, and children
- regulation of the holding, transmission and interchange of property
- define crime and punishment
- regulates and determines contract between individuals
- dealings of state with foreign powers
ii. Ministrant functions
- undertaken to advance the general interests of society; optional
- public works
- public charity
- health and safety regulations
- trade and industry
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b. Doctrine of parens patriae

Parens patriae is the task of the government to act as guardian of the rights of
the people.
This prerogative of parens patriae is inherent in the supreme power of every
state, whether that power is lodged in a royal person or in the legislature.

c. De jure and de facto governments

De jure De facto
- Has rightful title - No legal title
- No power or control, either because this has
been withdrawn from it, or because it has not - actually exercises power of control
yet actually entered into the exercise thereof.

d. Government of the Philippines

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

e. Administration

- Is the group of persons in whose hands the reins of government are for
the time being.
- The administration runs the government.
- The administration is transitional whereas the government is permanent.

4. Sovereignty
o supreme and uncontrollable power inherent in a State by which that State is
governed
Kinds:
Legal sovereignty - power to issue final commands
Political sovereignty - power behind the legal sovereign, or the sum
total of the influences that operate upon it
Internal sovereignty - power to control domestic affairs
External sovereignty - power to direct relations with other states

Act of State
- Is an act done by the sovereign power of a country, or by its delegate,
within the limits of the power vested in him.
- Cannot be questioned or made subject of legal proceedings in a court of
law.
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IV. DOCTRINE OF STATE OF IMMUNITY

A. A suit is against the State regardless of who is named the defendant

If:
- it produces adverse consequences to the public treasury in terms of
disbursement of public funds and loss of government property.
- cannot prosper unless the State has given its consent.

B. In the following cases, it was held that the suit is not against the State
If:
- when the purpose of the suit is to compel an officer charged with the duty
of making payments pursuant to an appropriation made by law in favor of
the plaintiff to make such payment, since the suit is intended to compel
performance of a ministerial duty.
- when from the allegations in the complaint, it is clear that the respondent
is a public officer sued in a private capacity;
- when the action is not in persona with the government as the named
defendant, but an action in rem that does not name the government in
particular.

Waiver of Immunity:

- “The royal prerogative of dishonesty”

- The state may, if it so desires, divest itself of its sovereign immunity and thereby
voluntarily open itself to suit.

Forms of Consent:
1. Express consent – either through a general law or a special law
2. Implied consent – is given when the state itself commences litigation or when it
enters into a contract

Suits Against Government Agencies

- Where a suit is filed not against the government itself or its officials but against one of
its entities, it must be ascertained whether or not the State, as the principal that may
ultimately liable, has given its consent to be sued

Government Agency

▪ Incorporated – has a charter of its own that invests it with a separate

juridical personality (SSS, UP, CoM)

▪ Unincorporated – has no separate juridical personality but is merged

in the general machinery of the government (DOJ, BoM, GPO)

Exemption From Legal Requirements

- When the State litigates, either directly or through its authorized officers, it is not
required to put up a bond for damages, or an appeal bond, since it can be assumed
that it is always solvent.

Suability vs. Liability

- When the State allows itself to be sued, all it does in effect is to give the other party
an opportunity to prove, if it can, that the State is liable.
-
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V. FUNDAMENTAL PRINCIPLES AND STATE POLICIES (Art II)

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PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

REPUBLICANISM
Section 1, Article II – The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.

Democracy – essentially government by the people

Republic – representative government, run by and for the people (representation and
renovation)

DEFENSE OF THE STATE

Section 4, Article II – The prime duty of the Government is to serve and protect the people.
The Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal, military or civil
service.

PEACE AND ORDER

Section 5, Article II – The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy.

THE INCORPORATION CLAUSE

Section 2, Article II – The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

REARING OF THE YOUTH

Section 12, Article II – The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and primary right and duty of parents
in the rearing of the youth for civic efficiency and the development of moral character shall receive
the support of the Government.

Section 13, Article II – The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.

WOMEN
Section 14, Article II – The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.

SOCIAL JUSTICE
- Due to acute imbalance of the rich and the poor and the resultant divisiveness and
hostility between them
- “As between a laborer, usually poor and unlettered, and the employer, who has
resources to secure able legal advice, the law has reason to demand stricter
compliance. Social justice in this case is not equality but protection” – Pres. Ramon
Magsaysay

SEPARATION OF CHURCH AND STATE

Sec. 6, Art II – The separation of Church and State shall be inviolable.
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Sec 5, Art III – No law shall be made respecting an establishment of religion, or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be required for
the exercise of civil or political rights.

SUPREMACY OF CIVILIAN AUTHORITY

Section 3, Article II – Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national territory.

LOCAL AUTONOMY
Section 25, Article II – The State shall ensure the autonomy of local governments.
Art X – Local Government Code.

ECONOMY
Section 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform.

VI. SEPARATION OF POWERS

PURPOSE
- Intended to prevent a concentration of authority in one person or group of persons
that might lead to an irreversible error or abuse in its exercise to the detriment of our
republican institutions.
- To secure action, to forestall over-action, to prevent despotism and to obtain
efficiency.
-
3 Branches
Legislature – enactment of laws and may not enforce of apply them
Executive – enforcement of laws and may not enact or apply them
Judiciary – application of the law and may not enact or enforce them

“Courts cannot limit the application or coverage of a law, nor can it impose conditions not
provided therein” – “judicial legislation”

BLENDING OF POWERS
- Powers are not confined exclusively within one department but are in fact assigned to
or shared by several departments.

CHECK AND BALANCES

- By means of one department is allowed to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the other departments.

THE ROLE OF THE JUDICIARY

- The Judiciary sees to it that the constitutional distribution of powers among the
several departments of the government is respected and observe.
- This does not mean that it is superior to the other departments
- Does not uphold its own supremacy but the supremacy of the Constitution.

JUSTICIABLE AND POLITICAL QUESTIONS

Justiciable – implies a given right, legally demandable and enforceable, an act or omission
violative of such right, and a remedy granted and sanctioned by law, for said
breach of right.
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Political – includes the duty 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.
- An issue is a political question when it does not deal with the interpretation of
a law and its application to a case, but with the very wisdom of the law itself

VII. DELEGATION OF POWERS

Potestas delegata non delegari potest – what has been delegated cannot be delegated

- Delegated power constitutes not only a right but a duty to be performed by the
delegate through the instrumentality of his own judgment and not through the
intervening mind of another.
- A further delegation of such power, unless permitted by the sovereign power, would
constitute a negation of this duty in violation of the trust reposed in the delegate
mandated to discharge it directly.
- Non-delegation of powers is applicable to 3 branches
- Delegation has become a rule for legislative branch and non-delegation an
exemption.

Permissible Delegation:

(1) Delegation of tariff powers to the President (Sec 28/2)

- To act immediately on certain matters affecting the national economy lest
delay hardship to the people.
-
(2) Delegation of emergency powers to the President (Sec 23/2)
Conditions:
i. There must be war or other national emergency
Other national emergency may include – rebellion,
economic crisis, pestilence or epidemic, typhoon, flood, or
other similar catastrophe of nation-wide proportions or effect.
ii. The delegation must be for a limited period only
iii. The delegation must be subject to such restrictions as the
Congress may prescribe
iv. The emergency powers must be exercised to carry out a national
policy declared by the Congress

*Ceases upon the end of the emergency.

*May be withdrawn by the Congress.

(3) Delegation to the people at large

- Passing of general laws through representative
- Accepts or rejects a law

(4) Delegation to local governments

- Local legislatures are more knowledgeable than the national lawmaking body
in a better position to enact the necessary and appropriate legislation thereon
- To prescribe local regulations, according to immemorial practice, subject, of
course, to the interposition of the superior in cases of necessity

(5) Delegation to administrative bodies

- “power of subordinate legislation”
- Implement the broad policies laid down in the statute by “filling in” the details
which the Congress may not have the opportunity or competence to provide
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- Issue contingent regulations pursuant to a delegation of authority to

determine some fact or state of things upon which the enforcement of a law
depends
- In cases of administrative regulation, for it to be valid, its promulgation must
be authorized by the legislature.
- Must be within scope, prescribed and reasonable

Tests of Delegation:
(1) Completeness Test
- sets forth therein the policy to be executed, carried out or implemented by the
delegate
- should have no gaps in the law that will prevent its enforcement
(2) Sufficient Standard Test
- intended to map out the boundaries of the delegate’s authority by defining the
legislative policy and indicating the circumstances under which it is to be
pursued and effected

VIII. THE LEGISLATIVE DEPARTMENT

Congress of the Philippines consists of a Senate and a House of Representative

House of the
The Senate
Representatives
District Representative
(elected directly and
personally from the
24 Senators
territorial unit he is seeking
(elected at large by to represent)
Composition
qualified voters of the
Party-list Representative
Philippines, as may be
(chosen indirectly, through
provided by law)
the party he represents,
which is the one voted for
by the electorate)
Natural-born citizen of Natural-born citizen of the
the Philippines Philippines
Qualifications At least 35yo on the At least 25yo on the date of
(must be date of election election
possessed for the Able to read and write Able to read and write
entire duration of Registered Voter in the
the member’s Registered Voter district in which he shall be
incumbency) elected(except party-list)
Resident (domicile) for Resident thereof for not
not less than 2 years less than 1 year
6 years
3 years
Shall commence at
th Shall commence at noon
Term noon on the 30 day
on the 30th day of June
of June
2 consecutive terms 3 consecutive terms

ELECTION
Vacancies in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy but the elected shall serve only for the unexpired term.

SALARIES (Sec 10 & 20, Art 6)

- No prohibitions against the receipt of allowances by the members of the Congress

PARLIAMENTARY IMMUNITIES (Sec 7, Art 6)

Immunity from arrest
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- Privileged from arrest while the Congress is in session(all offense not more than 6
years imprisonment)
Privilege of speech and debate
- Cannot be questioned nor held liable for any speech or debate in Congress

CONFLICT OF INTEREST (Sec 12, Art 6)

All members of Congress upon assumption of office must make full disclosure of
financial and business interests and notify if there is any potential conflict of interest.

INCOMPATIBLE AND FORBIDDEN OFFICES (Sec 13, Art 6)

- To prevent from owing loyalty to another branch of government, to the detriment of
the independence of the legislature and the doctrine of separation of powers.
- What is not allowed is the simultaneous holding of that office and the seat in the
congress
- Any legislator may hold another office or employment in the government provided he
forfeits, as a result, his position in the Congress
- Forfeiture or cessation of his tenure shall be automatic upon holding of the
incompatible office.
Term – the time during which the officer may claim to hold the office as of right,
and fixes the interval after which the several incumbents shall succeed one another.
Tenure – represents the period during which the incumbent actually holds the
office.

INHIBITIONS AND DISQUALIFICATIONS (Sec 14, Art 6)

- Barred from appearing before all courts as counsel
- Directly or indirectly interested financially in any contract
- Shall not intervene in any matter before any office of the Government for his
pecuniary benefit
Purpose
- To prevent the legislator from exerting undue influence, deliberately or not upon the
body where he is appearing.

SESSIONS (Sec 15, Art 6)

Convene once a year every year
- 4th Monday of July – regular session – 30 days before opening of next session
(Exclusive of Saturdays, Sundays, and legal holidays)
The President may call a special session at any time.

OFFICERS (Sec 16(1), Art6)

- President for Senate
- Speaker for House of Representatives
- Each House shall choose other officers as it may necessary
- By a majority of vote of all its members

QUORUM
- Any number sufficient to transact business(majority)

DISCIPLINE OF MEMBERS (Sec 16(3), Art 6)

- Determine rules of its proceedings
- Punish its members for disorderly behavior
- Suspend or expel a member (2/3 of all its members) (max 60 days)

JOURNALS
- Are a record of what is done and past in a legislative assembly
- Used to interpret laws through a study of debates held
- Published from time to time (except parts that may affect national security)

ADJOURNMENT (Sec 16(5), Art 6)

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- Neither house during the sessions of the Congress shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that in which the
two Houses shall be sitting.

ELECTORAL TRIBUNALS (Sec 17)

- Sole judge of all contests involving election, returns and qualification of respective
members
- 9 members: (3) justices of the supreme court, (6) members from Congress
- The senior Justice shall be its Chairman

COMMISSION ON APPOINTMENTS (Sec 18)

- President of Senate (ex officio, Chairman)
- 12 members of each House (24)
- Chairman votes only in cases of ties

ORGANIZATION
- Constituted within 30 days after both House have been organized with the election of
President an d Speaker
- COA meets only while Congress is in session

IX. POWERS OF CONGRESS

LEGISLATIVE POWER IN GENERAL

- Is the power of lawmaking, the framing and enactment of laws
- Effected through the adoption of a bill/projected law which once approved becomes a
law
Statute – the written will of the legislature, solemnly expressed according to the
forms necessary to constitute it the law of state.

PROCEDURE
Introduction: must be by any member of the House of Representatives or Senate except for
some measures that must originate only from the former chamber
First reading: The reading of the title and the number; the bill is passed by the Senate
President or Speaker to the proper committee
Second reading: Entire text is read and debates are held, and amendments introduced. The
bill as approved in the second reading is printed in its final form and copies are
distributed three days before the third reading
Third reading: Only the title is read, no amendments are allowed.
Vote shall be taken immediately thereafter and the yeas and nays entered in the
journal.
Sent to the other chamber: once the bill passes the third reading, It is sent to the other
chamber where it will also go under three readings
Enrolled Bill: The bill is printed as finally approved by the Congress, authenticated with the
signatures of the Senate President or the Speaker and the Secretary and
approved by the President

ORIGIN OF BILLS (Sec 24, Article 6)

- Must originate from the House of Representatives
- Senate may propose or concur with amendments

PROHIBITED MEASURES
(Sec 31, Art 6)
- No law granting a title of royalty or nobility shall be enacted.
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- To preserve the republican and democratic nature of our society by prohibiting the
creation of privileged classes with special perquisites not available to the rest of the
citizenry.
(Sec 30, Art 6)
- No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.
- To prevent further additions to the present tremendous case load of the Supreme
Court which include the backlogs of the past two decades.

TITLE OF THE BILLS

Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.

Purpose
1. To prevent hodgepodge or log-rolling legislation.
2. To prevent surprise of fraud upon the legislature.
3. To fairly apprise the people, if they should so desire.

FORMALITIES (Section 26(2), Art 6)

No bill passed by either House shall become a law unless it has passed the
procedure. (Except when the President certifies to the necessity of its immediate enactment)

APPROVAL OF BILLS (Section 27, Art 6)

A bill may become a law, to wit:
1. When the President signs it;
2. When the President vetoes it but the veto is overridden by two-thirds vote of all the
members of each house; and
3. When the President does not act upon the measure within 30 days after it shall have
been presented to him.

Categories of Congressional Oversight Functions

1. Scrutiny
Implies a lesser intensity and continuity of attention to administrative
operations.
A passive process of looking at the facts that are readily available.
2. Instigation
Involves a more intense digging of facts.
3. Legislative Supervision
Most encompassing form of oversight power that connotes a
continuing and informed awareness on the part of congressional
committee regarding executive operations in a given administrative area.
Allows Congress to scrutinize the exercise of delegated law-making
authority and permits to retain part of that delegated authority.
Utilizes veto provisions when granting the President or an executive
agency the power to promulgate regulations with the force of law(right to
approve or disapprove any regulation before it takes effect).

Congressional Oversight Must Be Confined, to wit:

1. Scrutiny based on appropriation and budget hearings, ask heads of
departments to appear before and be heard; and
2. Investigation and monitoring of the implementation of laws pursuant to the
power conduct inquiries in aid of legislation.

LEGISLATIVE INQUIRIES (Section 21, Art 6)

The Senate of the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.
The rights of persons appearing in or affected by such inquiries shall be respected.
Power of Inquiry – is also granted to any of their respective committees.
Rights that may be invoked:
1. President’s executive privilege
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2. Fiscal autonomy and constitutional independence of the Judiciary

3. Sub judice rule – restricts comments and disclosures(judicial
proceedings)
4. Right to Privacy – except if subject pertains to witness’ discharge of
official function
5. Right to Self Incrimination

THE POWER OF APPROPRIATION (Sec 29(1), Art 6)

No money shall be paid out of the Treasury except in pursuance of an appropriation
made by law.

1. Definition
Primary and specific purpose of which is to authorize the release of public funds from
the treasury.

2. Implied Limitations
The sum authorized to be released must be determinate or at least determinable.

3. Constitutional Limitations
1. Appropriation bills should originate from the House of Representatives
2. Funds shall be disbursed only of public purposes(supported by vouchers and
subject to guidelines prescribed by law)

Constitutional Rule on Appropriations

1. Congress may not increase the appropriations recommended by the
President(Sec 25, Art 6)
2. No provision or enactment shall be embrace in the general appropriations bill
unless relates specifically and shall be limited in its operation(Sec 29(1), Art 6)
3. Approving appropriations shall strictly follow the procedure for approving
appropriations for other departments and agencies(Sec 29(3), Art 6) to prevent
sub rosa by the Congress.
4. No law shall be passed authorizing any transfer of appropriations

4. Appropriations for Sectarian Purposes

Whether general or specific, it must conform to the prohibition against the use of
public funds or property for sectarian purposes(Sec 29(2), Art 6)
5. Automatic Re-appropriation
By the end of any fiscal year, if the Congress failed to pass a general appropriation
bill for the ensuing fiscal year, the preceding appropriation shall be re-enacted and
remain in force and effect until bill is passed.
6. Special Funds
Money collected levied for a special purpose is treated as a special fund and paid out
for such purpose only. Balances after fulfillment of special fund shall be transferred to
general funds of Government.

THE POWER OF TAXATION

*This power is inherent in the State and generally vested in the legislature
and must be uniform and equitable evolving in a progressive system.
*Uniformity means that persons or things belonging to the same class shall be
taxed at the same rate.
*Educational, charitable and religious institutions are exempted given it is
devoted to their basic purposes.
*A statute granting tax exemption is strictly construed against the person or
entity claiming the exemption.
*Exemption is only given force when the grant is clear and categorical.
*Tax amnesty is a general pardon or the intentional overlooking to impose
penalties on persons otherwise guilty of violation of a tax law.
*There is no vested right in a tax exemption.

THE POWER OF CONCURRENCE

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President is authorized to grant amnesty with the concurrence of the majority of

Congress (with two-thirds of all the members of the Senate)

THE WAR POWERS (Sec 23(1), Art 6)

The Congress shall have the sole power to declare a state of war by a vote of two-
thirds of each House in a joint session.

REFERENDUM AND INITIATIVE (Sec 32, Art 6)

Referendum
The right reserved to the people to adopt or reject any act or measure
which has been passed by a legislative body and which in most cases would without
action on the part of the electors become a law.
A method of submitting an important legislative measure to a direct
vote of the whole people for approval or rejection.
2 Classes of Referendum
1. Referendum on statutes
2. Referendum on a local law