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POLITICAL LAW REVIEWER

CONSTITUTION – it is a body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised. It is a written instrument enactment by the 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.

KINDS OF CONSTITUTION
1. WRITTEN OR UNWRITTEN
a. Written – the provisions of which are reduced to writing and embodied in one or
more instruments at a particular time
b. Unwritten – 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.
2. ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
a. Enacted (Conventional) – enacted deliberately and consciously by a constituent
body or ruler at a certain and place.
b. Evolved – results from a political evolution, across several years.
3. RIGID OR FLEXIBLE
a. Rigid – it can be amended only through a formal and difficult process.
b. Flexible – it can be amended by ordinary legislation as in the case of an unwritten
constitution.

DOCTRINE OF CONSTITUTIONAL SUPREMACY: Under this doctrine, if a law or contract violates any
norm of the Constitution, that law or contract, whether promulgated by the legislative or by the
executive branch or entered into by private persons for private purposes is null and void and
without any force or legal effect. Since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute and contract (Manila Prince Hotel
vs. GSIS, G.R. No. 122156, Feb. 3, 1997).

PARTS OF THE CONSTITUTION


1. CONSTITUTION OF SOVEREIGNTY – provisions pointing out the modes or procedure in
accordance with which formal changes in the Constitution may be made.
2. CONSTITUTION OF LIBERTY – series of prescriptions setting forth the fundamental civil and
political rights of the citizens and imposing limitations on the power of the government as
a means of securing the enjoyment of those rights.
3. CONSTITUTION OF GOVERNMENT – it provides for a structure and system of government
provisions outlining the organization of the government, enumerating its powers, laying
down certain rules relative to its administration and defining the electorate.

AMENDMENTS AND REVISIOSN


In amendment, only an isolated or piecemeal change merely by adding, deleting or reducing
without altering the basic principles involved. On the other hand, revision is a revamp or rewriting
of the whole instrument altering the substantial entirety of the Constitution.

A. TESTS IN DETERMINING WHETHER A PROPOSED CHANGE IS AN AMENDMENT OR REVISION


a. QUANTITATIVE TEST – it asks whether the proposed change is so extensive in its
provisions as to change directly the substantial entirety of the Constitution by the
deletion or alteration of numerous existing provisions. One examines only the
number of provisions affected and does not consider the degree of the change.
b. QUALITATIVE TEST – it asks whether the change will accomplish such far reaching
changes in the nature of our basic governmental plant as to amount to a revision.

WAYS TO AMEND OR REVISE THE CONSTITUTION


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1. CONSTITUENT ASSEMBLY
a. By Congress acting as a Constituent Assembly upon a vote of ¾ of all its members
b. It covers amendment or revision
c. The legal questions subject to judicial review are:
i. Manner of proposal
ii. Manner of calling the Constitutional Convention
d. As to Political Questions: The substance of the proposal
2. CONSITUTIONAL CONVENTION
a. By Congress upon a vote of 2/3 of all its members or upon a majority vote of all
members of Congress to submit to the electorate the question of calling a
Constitutional Convention.
b. It covers amendment and revision
c. The legal questions subject to judicial review are:
i. Manner of Proposal; or
ii. Manner of Calling the Constitutional Convention
3. PEOPLE’S INITIATIVE – By the people, upon a petition thru a plebiscite (at least 12% of the
total number of registered voters, of which every legislative district must be represented
by 3% of the registered voters therein.
a. It covers amendment only (Lambino vs. COMELEC)
b. As to legal questions, the propositions can be declared null and void for:
i. Violation of the Constitution
c. As to its limitation, no amendment be authorized oftener than once every 5 years.

SELF-EXECUTING AND NON-SELF EXECUTING PROVISIONS:


 A self-executing provision is one which is complete by itself and becomes operative
without the aid of supplementary or enabling legislation, or that which supplies sufficient
rule by means of which the right it grants may be enjoyed or protected. The nature and
extent of the right conferred and the liability imposed are fixed by the Constitution itself
and there is no language indicating that the subject is referred to the legislature for action.
o GR: All provisions of the Constitution are self-executory.
 Reason: A contrary rule would give the legislature discretion to determine
when, or whether they shall be effective. These provisions would be
subordinated to the will of the lawmaking body, which could make them
entirely meaningless by simply refusing to pass the needed implementing
statute.
o XPN: When it is expressly provided that a legislative act is necessary to enforce a
constitutional mandate, or those provisions which lay down general principles are
not self-executory, namely:
 Art. II – Declaration of State Principles
 Art. XIII – Social Justice and Human Rights
 Art. XIV – Education Science and Technology
o XPN to the XPN: Sec. 16, Art. II – Right to a balanced and healthful ecology (Oposa
vs. Factoran).
o In case of doubt, all provisions of the Constitution are self-executing, mandatory,
and prospective.

NATIONAL TERRITORY – it is the fixed portion of the surface of the Earth inhabited by the people
of the State. As an element of a State, it is an area over which a state has effective control.

ARCHIPELAGIC DOCTRINE: The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines. Under the archipelagic doctrine, we connect the outermost points of our archipelago
with straight baselines and consider all the waters enclosed thereby as internal waters. The entire

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archipelago is regarded as one integrated unit instead of being fragmented into so many thousand
islands.

A. PURPOSES OF THE ARCHIPELAGIC DOCTRINE


a. Territorial Integrity
b. National Security
c. Economic Reasons
B. MAIN PURPOSE: To protect the territorial interests of an archipelago, its territorial
integrity. Without it, there would be pockets of high seas between some of our islands and
islets, thus, foreign vessels would be able to pass through these pockets of seas and would
have no jurisdiction over it.

DOCTRINE OF STATE IMMUNITY: The State may not be sued without its consent.
 GR: All states are sovereign equals and cannot assert jurisdiction over one another,
consonant with public international law of par in parem non habet imperium. A contrary
disposition would unduly vex the peace of nations.
 XPN: A State may be sued if it gives its consent, either expressly or impliedly.
o Express Consent – made through a general law or special law.
o Implied Consent – it is made when:
 The State commences litigation
 The State enters into a business contract (U.S. vs. Ruiz)
 Acta Jure Imperii – by right of sovereign power and in the exercise
of sovereign functions. No implied consent (US vs. Ruiz).
 Acta Jure Gestionis – by right of economic or business relations,
commercial or proprietary acts. State may be sued (US vs. Guinto,
1990).
 SUABILITY VS. LIABILITY
o AS TO BASIS: Suability depends on the consent of the State to be sued; whereas
Liability depends on the applicable law and the established facts.
o AS TO A CONSEQUENCE OF ANOTHER: In suability, the circumstance that a State is
suable does not necessarily mean that it is liable; whereas in Liability, the State can
never be held liable if it is not suable.
 RULES ON THE LIABILITY OF THE FOLLOWING:
o PUBLIC OFFICERS – by their acts without or in excess of jurisdiction. Any injury
caused by him is his own personal liability and cannot be imputed to the State.
o GOVERNMENT AGENCIES – establish whether or not the State, as principal which
may ultimately be held liable, has given its consent.
o GOVERNMENT – Doctrine of State Immunity is available.
 IMPLICATIONS OF THE PHRASE “WAIVER OF IMMUNITY BY THE STATE” DOES NOT MEAN A
CONCESSION OF ITS LIABILITY
o When the state gives its consent to be sued, all it does is to give the other party an
opportunity to show that the state is liable. Accordingly, the phrase “waiver of
immunity by the state” does not mean a concession of its liability. Impliedly, the
State is merely giving the plaintiff a chance to prove that the state is liable, but the
state retains the right to raise all lawful defense (Philippine Rock Industries vs.
Board of Liquidators, G.R. No. 84992, December 15, 1989).

GENERAL PRINCIPLES AND STATE POLICIES


1) REPUBLIC STATE – A state wherein all government authority emanates from the people and
is exercised by representatives chosen by the people.
a. MANIFESTATIONS OF REPUBLICANISM
i. Ours is a government of laws and not of men
ii. Rule of majority

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iii. Accountability of public officials


iv. Bill of rights
v. Legislature cannot pass irrepealable laws
vi. Separation of powers
2) POLICY ON WAR – The State renounces war as an instrument of national policy. It does not
renounce defensive war because it is duty bound to defend its citizens. Under the
Constitution, the prime duty of the government is to serve and protect the people.
3) DOCTRINE OF INCORPORATION VS. DOCTRINE OF TRANSFORMATION
a. Under the Doctrine of Incorporation, rules of international law form part of the law
of the land and no legislative action is required to make them applicable in a
country. Thus, the Philippines is bound by generally accepted principles of
international law, which are considered to be automatically part of our own laws.
b. Under the Doctrine of Transformation, generally accepted rules of international law
are not per se binding upon the state, but must first be embodied in legislation
enacted by the lawmaking body and so transformed into municipal law.
4) DOCTRINE OF SEPARATION OF POWERS – legislation belongs to the Congress,
implementation to the Executive, and settlement of legal controversies and adjudication
of rights to the Judiciary. Each is therefore prevented from invalidating the domain of the
others.
a. RATIONALE: To prevent the concentration of authority in one person or group of
persons that might lead to irreparable error or abuse in its exercise to the
detriment of republican institutions. The purpose was not to avoid friction, but by
means of inevitable friction incident to the distribution of governmental powers
among the three departments, to save the people from autocracy.
b. PURPOSES:
i. Secure action
ii. Forestall over-action
iii. Prevent despotism
iv. Obtain efficiency
c. BLENDING OF POWERS: It refers to an instance when powers are not confined
exclusively within one department but are assigned to or shared by several
departments.
5) CHECKS AND BALANCES – it allows one department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the other departments.
6) DELEGATION OF POWERS
a. GENERAL RULE: A delegated power cannot be re-delegated.
i. REASON: 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.
b. EXCEPTIONS:
i. Delegation to the people through initiative and referendum
ii. Emergency powers delegated by Congress to the President
REQUISITES:
1. There must be war or another national emergency
2. The delegation is for a limited period only
3. Delegation is subject to restriction as Congress may prescribe
4. Emergency powers must be exercised to carry a national policy
declared by Congress
iii. Congress may delegate Tariff powers to the President.
iv. Delegation of Administrative Bodies (Subordinate legislation/quasi-
legislative powers)
v. Delegation to Local Governments – the grant of authority to prescribe local
regulations
TESTS:
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1. COMPLETENESS TEST – the law must be complete in all essential


terms and conditions when it leaves the legislature so that there will
be nothing left for the delegate to do when it reaches him except to
enforce it.
2. SUFFICIENT STANDARD TEST – fixes a standard, the limits of which
are sufficiently determinate or at least determinable to which the
delegate must conform in the performance of his functions.
7) FORMS OF GOVERNMENT
a. CLASSIFICATIONS OF GOVERNMENT
i. AS TO THE CENTRALIZATION OF CONTROL
1. UNITARY – the control of national and local, internal and external,
affairs are exercised by the centralized or national government
2. FEDERAL– the powers of the government are divided between two
sets of organs, one for national affairs and the other for local affairs,
each organ being supreme within its own sphere, consists of
autonomous local government units merged into a single State, with
the national government exercising a limited degree of power over
the domestic affairs but generally full discretion of the external
affairs of the State.
ii. AS TO THE EXISTENCE OR ABSENCE OF TITLE AND/OR CONTROL
1. DE JURE – has a rightful title but no power or control, one that is
established of a legitimate sovereign
2. DE FACTO – actually exercises power or control, but without legal
title.

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