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UNIVERSITY OF EASTERN PHILIPPINES COLLEGE OF LAW

Definition
Political Law Is 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. Meaning of the Constitution Broad sense, that body of rules and maxims in accordance with which powers of sovereignty are habitually exercised. Constitution of the Philippines, written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.

and to defend themselves and small enough to be easily administered. Territory Is the fixed portion of the surface of the earth inhabited by the people of the state. Government is the agency or instrumentality through which the will of the State is formulated expressed and realized. Sovereignty Is the supreme and uncontrollable power inherent in a state by which that the state is governed.

Types of Government De jure has rightful title but no power or control wither because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof. De facto is a government of fact, that is actually exercises power or control but without legal title.

Kinds of Constitution As to their origin and history: Conventional or enacted One which is enacted by a constituent assembly or granted by a monarch to this subjects. Cumulative or evolved Like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather from a deliberate and formal enactment.

Government VS administration Government must be distinguish from administration, which is the group of persons in whose hands the reins of government are for the time being. The Administration runs the government, as a machinist operates his machine. Administration is transitional whereas government is permanent.

Doctrine of Parens Patriae One of the important tasks of the government is to act for the State as parens patriae, or guardian of the rights of the people.

As to their form: Written One which has been given definite written form at a particular time, usually by a specially constituted authority called a constitutional convention. Unwritten One which is entirely the product of political evolution, consisting largely a mass of customs, usages and judicial decisions together with a smaller of body of statutory enactments of a fundamental character, usually bearing different dates.

Preamble
Is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the Constitution.

Article 1 The National Territory


Sec. 1 The National Territory compromises the Philippine Archipelago with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters of the Philippines. Archipelago Means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features from an intrinsic geographical, economic and political entity or which historically have been regard as such. Archipelagic State Means a State constituted wholly by one or more archipelagos and may include other islands. Archipelagic Doctrine Emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of waters studded with islands. For this purpose, it requires that baselines be drawn by connecting the appropriate points of the

As to manner of amending them: Rigid or inelastic One regarded as a document of special sanctity which cannot be amended or altered except by some special. Machinery more cumbrous than the ordinary legislative process. Flexible or elastic One which possesses no higher legal authority than ordinary laws and which may be altered in the same war as other laws.

The Concept of the State


State 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. State is a legal concept, while the nation is only a racial or ethnic concept.

Elements of the State People Refers to the inhabitants of the State. Must be numerous enough to be self- sufficing

January 1, 2013

UNIVERSITY OF EASTERN PHILIPPINES COLLEGE OF LAW

outermost islands to encircle the islands within the archipelago. The waters on the landward side of the baselines regardless of breadth or dimensions are merely internal waters. Baseline Is the low-water line along the coast as marked on large scale charts officially recognized by the coastal State.

It shows a positive attitude on the part of the Philippines toward the observance of the rules and principles of the international law. Sec. 3 Principle of Civilian Supremacy It was implied from its Article 7, Sec. 10(2) which made the President, a civilian and as civilian, Commanderin-Chief. Sec. 3 Role of the armed forces The purpose of a military establishment is to secure the sovereignty of the people and the integrity of the national territory and to serve the general welfare. Article 7, Sec 18 is that a civilian President holds supreme military authority and is ceremonial, legal and administrative head of the armed forces. Sec. 4 Compulsory military and civil service; protection of people and State People may be called upon to defend the state through military service or civil service. Sec. 6 Separation of Church and State

Article 2 Declaration of Principles and State Policies


Sec. 1 The Philippines, a democratic and republican State Essence of republicanism A republican government is a democratic government by representatives chosen by the people at large. The essence, therefore, of the republican state is indirect rule determined by the rule of majority Features of pure democracy present The Constitution adopted the rule of majority. Authors if the Constitution The people are the authors of the constitution by ratification. In 1986, the constitution was passed to the people and therefore the sovereign people are the author of the constitution. Constitution VS statute 1. A constitution is a legislation direct from the people while a statute is a legislation from the peoples representatives. A constitution merely states the general framework of the law and the fundamental powers of the government, while a statute provides the details of the subject of which it treats. A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing conditions only. A constitution, being the direct expression of the sovereign will is the supreme or fundamental law of the State which statutes and all other laws must conform although there is a presumption that the latter are in accord to the former. A constitution requires a more difficult and intricate procedure for adoption or amendment than a statute.

The idea is to delineate the boundaries between the two institutions and thus avoid encroachments by one against the other because of misunderstanding of the limits of their respective exclusive jurisdictions.

Separation of Powers
Doctrine of Separation of Powers Is intended to prevent 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. The legislative body is generally limited to the enactment of laws and may not enforce or apply them The executive body enforces laws The judiciary body to the application and interpret the laws.

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Blending of Powers Is actually sharing of powers of the departments of government whereby one department helps and coordinates with the other in the exercise of a particular power, function or responsibility. Checks and Balances One department is given certain powers by which it may definitely restrain the others from exceeding constitutional authority. It may object or resist any encroachment upon its authority or it may question, if necessary any or acts which unlawfully interferes with its sphere of jurisdiction and authority. Justiciable Question Calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is proper to be examined or decided in courts of justice because its determination would not involve an encroachment upon the legislative or executive power. Political Question One which under the Constitution is to be decided by the people in their sovereign capacity, or in

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Sec. 2 Renunciation of War The Philippines renounces aggressive war due to uphold the principle in the UN charter binding all members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. But it doesnt include defensive war, under Article 6, Sec. 23(1) of the Constitution which the concurrence of 2/3 of all its members, voting separately, may declare the existence of war presumably stated by another state. Sec. 2 Incorporation of international law It upholds to make the international law part of the law of the land. Sec. 2 - Adherence to policy of peace, freedom, amity.

January 1, 2013

UNIVERSITY OF EASTERN PHILIPPINES COLLEGE OF LAW

regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not the validity or legality, of a particular measure or a contested act.

Delegation of Powers

January 1, 2013