POLITICAL LAW NEW NOTES

Concept/Doctrine/Principle Definition/Discussion/ General Author/Legal Basis/ Provision/

Idea Jurisprudence
Political Law Branch of public law which  People vs. Perfecto
deals with the organization and  Macariola vs. Asuncion
operations of the governmental
organs of the state and defines
the relations of the state with the
inhabitants of its territory
Structure and Power of the Philippine Government
Legislative Power vested in the congress Section 1, Article VI of 1987
which shall consist of a Senate Philippines Constitution
and House of Representative
(HOR), except to the extent
reserved to the people by the
provision on initiative and
referendum - power to make,
alter, or repeal laws
Executive Power vested in the President of Section 1, Article VII of 1987
the Philippines - power to Philippines Constitution
execute laws
Judiciary Power vested in one Supreme Section 1, Article VIII of 1987
Court and in such lower courts Philippines Constitution
as may be established by law-
power to interpret and apply
laws
Nature of the Constitution
Constitution Body of rules and maxims in Cooley, Constitutional Law, p.4
accordance with which the
powers of sovereignty are
habitually exercised
With particular reference to the Malcom, Philippine
Constitution of the Philippines. Constitutional Law, p.6
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 are
distributed among the several
departments for their safe and
useful exercise for the benefit of
the body politic
Classifications of Constitution:
a.) Written or unwritten Embodied in one document or
set of documents; scattered in
various sources
b.) Enacted (Conventional) Formally struck off at a definite
or Evolved time and place; changing by
 (Cumulative) accretion
c.) Rigid or Flexible Can be amended only by a
formal and usually difficult
process; can be changed by
ordinary legislation
Qualities of a good written constitution
a.) Broad Comprehensive to provide for
contingency
b.) Brief Must confine itself to basic
principles
c.) Definite Must prevent ambiguity
Essential parts of a good written constitution
a.) Constitution of Liberty Series of prescriptions setting Example: Article III ( Bill of
forth the fundamental civil and Rights)
political rights of the citizens;
Imposing limitations on the
powers of government as a
means of securing the
enjoyment of those rights
b.) Constitution of Series of provisions outlining Example: Article VI
Government the organization of the (Legislative Department);
government, enumerating Article VII (Executive
powers, laying down certain Department); Article VIII
rules relative to its (Judiciary Department)
administration and defining the
electorate
c.) Constitution of Provisions pointing out the Example: Article XVII
Sovereignty mode or procedure in (Amendments or Revisions)
accordance with which formal
changes in the fundamental law
may be brought about
Interpretation/Construction of the Constitution
1.) Verba Legis Whenever possible, the words Francisco vs. House of
used in the constitution must be Representative
given ordinary meaning except
where technical terms are
employed. As the constitution is
not merely a lawyer’s document,
it being essential for the rule of
law to obtain that it should be
present in the people’s
consciousness, its language
should be understood in the
sense they have common use.
2.) Ratio Legis Et Anima Where there is ambiguity, the Francisco vs. House of
words of the constitution should Representative
be interpreted in accordance to
with the intent of the framers
3.) Ut Magis Valeat Quam The constitution has to be Civil Liberties Union vs.
Pereat interpreted as a whole. A Executive Secretary
 doubtful provision shall be
examined in light of the history
of the times and the conditions
and circumstances under which
the constitution was framed
Note: In case of doubt, the provision should be considered self-executing; mandatory rather than
directory; prospective rather than retroactive
Self-Executing Provisions  A provision which is Manila Prince Hotel vs. GSIS
complete in itself and
becomes operative
without the aid of
supplementary or
enabling legislation, or
that which supplies a
sufficient rule by means
of which the right it
grants may be enjoyed
or protected.
 Unless the contrary is
intended, the provision
of the constitution
should be considered
self-executing, as a
contrary rule would give
the legislature discretion
to determine when and
whether they shall be
effective. These
provisions could be
subordinated to the will
of the law making body,
which could make them
entirely meaningless by
simply refusing to pass
the needed
implementing statute
The SC said that the provisions Taňada vs. Angara
of Article II are generally not
intended to be self-executing
principles ready for enforcement
through the courts.

The reason for denying cause of

action to an alleged
infringement of broad
constitutional principles are
sourced from basic
consideration of the due process
clause and the lack of judicial
authority to wade into the
 uncharted ocean of social and
economic policy-making.
Doctrine of Constitutional “If a law or a contract violates Manila Hotel vs. GSIS
Supremacy any norm of the constitution,
that law or contract, whether
promulgated by the legislator or
the executive branch of
government or entered into by
private persons for private
purposes, is NULL and VOID,
and without any force and
effect. Since the constitution is
the fundamental and supreme
law of the land, it is deemed
written in every statute and
every contract.
Brief Constitutional History
1.) The Malolos Nachura, 2014
Constitution
2.) The American Regime
and the Organic Acts
3.) The 1935 Constitution
4.) The Japanese
(Belligerent)
Occupation
5.) The 1973 Constitution
6.) The 1987 Philippine
Constitution
Effectivity of 1987 Constitution  February 2, 1987. The  De Leon vs. Esguerra
date of the plebiscite
when the people ratified
the constitution.

 The constitution shall  Section 27, Article

take effect immediately XVIII of Transitory
upon its ratification in a Provision
plebiscite
Promulgation of the Provisional  Constitution, pending Lawyer’s League vs. Aquino
(Freedom Constitution) the drafting and
ratification of new
constitution
 The legitimacy of the
Aquino government is
not a justiciable matter.
It belongs to the realm
of politics where only
the people of the
Philippines are the
judge. And the people
have made the
 judgement; They have
accepted the
government of the
President Corazon
Aquino which is in
effective control of the
entire country so that it
not merely a de facto
government but a de
jure government.
Moreover, the
community of nations
has recognized the
legitimacy of the
present government.
Amendments v. Revision