Political Law 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.
Basis of Political Law Philippine
political law are derived from
American Jurisprudence. This
condition was the inevitable
outcome of the establishment of the
American rule in the Philippines.
When Spain ceded the Phils to the
US the Spanish political laws were
automatically displaced by those of
the US
Constitutional Law 1 study of the
structure and powers of the !overnment of
the "epublic of the Philippines.
Importance for the study : #very
$itizen regardless of calling should
understand the mechanics and
motivations of his government
because sovereignty resides in the
people and all government authority
emanates from them
Constitution of 1987 is the %
th
fundamental
law to govern the Philippines.
&irst ' $ommonwealth $onstitution
in ()*+
Second ' (),* which was
enforced during the -arcos regime
Third ' ()./ as a result of the
people power upheaval that
deposed -arcos
The upremacy of the Constitution The
$onstitution is the basic and paramount law
to which all the other laws must conform
and to which all persons including the
highest officials of the land must defer.
"ight or wrong the $onstitution must be
upheld as long as it has not been changed
by sovereign people lest its disregard result
in the usurpation of the ma0esty of law by
the pretenders to illegitimate power.
!efinition of the tate ' The State is a
community of persons more or less
numerous permanently occupying a fi1ed
territory and possessed of an independent
government organized for political ends to
which the great body of inhabitants render
habitual obedience.
"lements of a tate
(. People ' inhabitants of the
state must be numerous
enough to be self2sufficing
3. Territory ' fi1ed portion of
the surface of the earth
lived by people of the state
a. Terrestrial domain
b. -aritime and fluvial
domain
c. Aerial domain
*. !overnment ' agency
through which the will of the
state is formulated
a. $onstituent '
bonds of the
society and are
compulsory
b. -inistrant ' general
interests of the
society such as
public charity
regulation of trade
and industry.
%. Sovereignty ' supreme
power inherent in a state
#ation indicates a relation of birth or
origin and implies a common race usually
characterized by community of language
and customs.
2 4ation may comprise several
states
!octrine of Parens Patriae guardian of
the rights of the people or parent of the
people
!e $ure and !e %acto &o'ernments
5e Jure ' rightful title but no power of
control either this has been with drawn
from it or because it has not yet actually
entered into the e1ercise thereof
Chapter ( The Concept of the tate Chapter 1 &eneral Considerations
Chapter ) The Constitution

5e &acto ' is a government of fact that is it
actually e1ercises power or control but
without legal title.
1* The government that gets
possession and control or
usurps by force or by the
voice of ma0ority
)* #stablished and maintained
by invading military forces
(* !overnment of paramount
force
&o'ernment of the Philippines The
corporate government entity through which
the functions of government are e1ercised
throughout the Philippines
+dministration !roup of persons in
whose hands the reins of government are
for the time being. The administration runs
the government as a machinist operates
the machine.
o'erei,nty supreme and uncontrollable
power inherent in a State by which that
State is governed
(. 6egal sovereignty '
authority which has the
power to issue final
commands
3. Political sovereignty '
power behind the legal
sovereign or the sum of the
influences that operate
upon it
*. 7nternal sovereignty ' refers
to the power of the State to
control its domestic affairs
%. #1ternal sovereignty '
power of the State to direct
its relations with other
states is also 8nown as
independence
+ct of tate act done by the sovereign
power of a country cannot be 9uestioned or
made the sub0ect of legal proceeding in a
court of law
The State may not be sued without its
consent recognition of the sovereign
character of the State and an e1press
affirmation of the unwritten rule insulating it
from the 0urisdiction of the courts of 0ustice
Basis logical and practical ground that
there can be no legal right against the
authority which ma8es the law on which the
right depends.
-ai'er of Immunity the state may if it so
desires divest itself of it sovereign immunity
and thereby voluntarily open itself to suit. 7n
fine the Sate may be sued if it gives its
consent
%orms of Consent
(. #1press $onsent ' may be
manifested through a general or
special law
3. 7mplied $onsent ' given when the
State itself commences litigation or
when it enters into a contract
uits +,ainst &o'ernment +,encies
where suit is filed not against the
government iself or its officials but against
one of its entities it must be ascertained
w:n the State as the principal that may
ultimately be held liable has given its
consent to be sued.
".emption from Le,al /e0uirements
when the State litigates either directly or
through its authorized officers it is not
re9uired to put up a bond for damages or
an appeal bond since it can be assumed
that it is always solvent.
ua1ility 's* Lia1ility the mere fact that
the State is suable 5;#S 4;T -#A4 that it
is also liable.
(. Suability ' result of the
e1press of implied consent
of the State to be sued
3. 6iability ' determined after
hearing on the basis of the
relevant laws and the
established facts
+rticle ) of the Constitution 2!eclaration
of Principles and tate Policies3
2 7ntended to lay down the rules
underlying our system and must
therefore be adhered to in the
Chapter 4 The !octrine of tate Immunity
Chapter 5 %undamental Principles and tate Policies

conduct of public affairs and the
resolution of public isses.
2 Purpose is to emphasize and
articulate more une9uivocally
the ob0ectives and limitations of
governmental action in pursuit
of the general goals announced
in the Preamble.
2 -ere legislative guides which
absent enabling legislation do
not embody enforceable
constitutional rights
Pream1le
2 $ouched in the first person
2 Use of the more intimate (
st
person would deepen the sense
of involvement and participation
of the individual citizens in the
ordaining and promulgation of
the $onstitution
2 #numerates the primary aims
and e1presses the aspirations
of the framers in drafting the
$onstitution
2 Useful as an aid in the
construction and interpretation
of the te1t of the $onstitution
/epu1licanism
Sec 3. <The Philippines is a democratic and
republican state. Sovereignty resides in the
people and all government authority
emanates from them
2 Accords tot the citizens a
greater participation in the
affairs of government.
2 Provides for people=s initiative
the right to information on
matters of public concern
2 #nlarges the rights of the
people in the political as well as
the 0udicial field
2 People can now directly
propose and enact laws or
approve or re0ect any law
thereof passed by the $ongres
or local legislative
/epu1lic representative government a
government run by and for the people
"ssence of /epu1licanism
(. "epresentation
3. "enovation
>>The citizenry of a corps of public
functionaries who derive their
mandate from the people and act
on their behalf serving for a limited
period only after which they are
replaced or retained at the option of
the principal.
The !efense of the tate
2 7nherent right of every state to
e1istence and self2preservation.
2 A State may ta8e up all
necessary action including the
use of armed force to repel any
threat to its security
2 5uty to defend the State is
imposed upon all citizens
including women and that the
military or civil service that may
be re9uired of them by law
must be personal.
Peace and 6rder
We the sovereign Filipino People imploring the aid of !lmighty "od in order to build a #ust and
humane society and establish a "overnment that shall embody our ideals and aspirations
promote the common good conserve and develop our patrimony and secure to ourselves and
our posterity the blessing of independence and democracy under the rule of law and a regime
of truth #ustice freedom love e$uality and peace do ordain and promulgate this %onstitution
Sec %. <The prime duty of the "overnment is to serve and protect the people. The "overnment
may call upon the people to defend the State and in the fulfillment thereof all citi&ens may be
re$uired under conditions provided by law to render personal military or civil service

2 Spea8s for itself these are implicit in a
welfare state which is what we are
repeatedly told the $onstitution is
establishing
The Incorporation
Clause
2 bound by the generally
accepted principles of
international law which are
considered to be automatically
part of its own laws ?5octrine of
7ncorporation@
2 7nternational law can become
part of the sphere of domestic
law either by transformation or
incorporation
(. Transformation method
' re9uires that an
international law be
transformed into a
domestic law through
constitutional
mechanism such as
local legislation
3. 7ncorporation method '
applies when by mere
constitutional
declaration
international law is
deemed to have the
force of domestic law
International Law 's* 7unicipal Law
2 #fforts should first be e1erted to
harmonize them so as to give
effect to both.
2 AUT if the conflict is
irreconcilable and a choice
must be made pacta sunt
servanda a generally
accepted principle of
international law should be
observed in good faith
/earin, of the 8outh
2 The family is a fundamental and
important factor in the
enhancement of the nation
2 Theory is better the home the
better the nation also that the
strength of the family lies in the
correct upbringing of its children
2 State is in a position to assist
the parent in the proper
upbringing of the child through
the enforcement of educational
policies loo8ing to the
attainment of the above2stated
ob0ectives.
Sec 3. <The Philippines renounces war as an instrument of national policy adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy
of peace e$uality #ustice freedom cooperation and amity with all nations
Sec (3. <The State recogni&es the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. 't shall e$ually 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 aid and support of the "overnment
Sec (*. <The State recogni&es the vital role of the youth in the nation(building and shall promote
and protect their physical moral spiritual intellectual and social well(being. 't shall include in the
youth patriotism and nationalism and encourage their involvement in public and civic affairs
Sec +. <The maintenance of peace and order the protection of life liberty and property and the
promotion of general welfare are essential for the en#oyment by all the people of the blessings
of democracy

2 Sought to promote not only the
civic efficiency and moral
character of our young citizens
but also their physical moral
spiritual intellectual and social
well2being so that they will be
fully prepared when they
assume their responsibility of
leadership in the direction of
our country=s destiny.
-omen
2 To protect women and their
children from violence and
threats to their personal safety
and
security.
2 The fact
that women
are more
li8ely than men to be victims of
violence.
ocial $ustice
;ne of the most serious problems
of the nation is the acute imbalance
between the rich and the poor and
the resultant divisiveness and
hostility between them.
Social 0ustice is not a license to
trample on the rights of the rich in
the guise of defending the poor
where no act of in0ustice or abuse is
being committed against them
eparation of Church and tate
2 4o law shall be made
respecting an establishment of
religion or prohibiting the free
e1ercise thereof.
2 <Strong fences ma8e good
neighborsB idea is to delineate
the boundaries between the 3
institutions and thus avoid
encroachments by one against
the other because of a
misunderstanding of the limits
of their respective e1clusive
0urisdictions.
2 The wall of separation between
$hurch and State is 4;T a wall
of hostility. The state in fact
recognizes the beneficent
influence of religion in the
enrichment of the nation=s life.
upremacy of Ci'ilian +uthority
2 This principle is institutionalized
by the provision which ma8es
the President a civilian and
precisely a civilian
commander2in2chief of the
armed forces. AUT this does
not mean that civilian officials
are superior to military officials.
$ivilian officials are superior to
military officials only when a law
ma8es them so.
Sec (%. The State shall recogni&e the role of women in nation(building and shall ensure the
fundamental e$uality before the law of women and men
Sec ). <The State shall promote a #ust and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that
provide ade$uate social services promote full employment a rising standard of living and an
improved $uality of life for all
Sec /. <The State shall ensure the autonomy of local governments
Sec *. <%ivilian authority is at all times supreme over military. The !rmed Forces of the
Philippines is the protector of the people and the State. 'ts goal is to secure the
sovereignty of the State and the integrity of the national territory
Sec /. <The separation of %hurch and State shall be inviolable

Local +utonomy
2 Strengthening of local
governments is based upon the
Jeffersonian view that
<municipal corporations are the
small republics from which the
great one derives its strengthB.
2 Citalization of the local
government unit will enable its
inhabitants to develop their
resources and thereby
contribute to the progress of the
whole nation.
2 Under the principle of
separation powers neither
$ongress the President nor
the Judiciary may encroach on
fields allocated to the other
branches of government.
Purposes
2 The doctrine of separation of
powers is 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
e1ercise to the detriment of our
republican institutions.
2 The doctrine is intended to
secure action to fore2stall over2
action to prevent despotism
and to obtain efficiency ?Justice
6aurel@
2 * of the great branches of
government has e1clusive
cognizance of and is supreme
in matters falling within its own
constitutionally allocated sphere
9ow to achie'e these purposes
(. The legislature is generally
limited to the enactment of
laws and may not enforce
or apply them
3. The e1ecutive to the
enforcement of laws and
may not enact or apply
them
*. The 0udiciary to the
application of laws and may
not enact or enforce them
Blendin, of Powers
2 When powers are not confined
e1clusively within one
department but are in fact
assigned to or shared by
several departments
2 $ertain powers to be reposed in
more than one department so
that they may better collaborate
with and in the process chec8
each other for the public good.
7llustrationD #nactment of the
general appropriations law which
begins with the preparations by the
President of the budget which
becomes the basis of the bill
adopted by the $ongress and
subse9uently submitted by it to the
President who may then approve it.
Chec:s and Balances
2 ;ne department is allowed to
resist encroachments upon its
prerogatives or to rectify
mista8es or e1cesses
committed by the other
departments.
2 The theory is that the ends of
the government are better
achieved through the e1ercise
by its agencies of only the
powers assigned to them
sub0ect to reversal in proper
cases by those constitutionally
authorized.
The /ole of the $udiciary
2 7t is the 0udiciary who sees to it
that the constitutional
distribution of powers among
the several departments of the
government is respected and
observed.
!octrine of Implication
2 Aased on the theory that the
grant of an e1press power
Chapter 5 eparation of Powers

carries with it all other powers
that may be reasonably inferred
from it.
$usticia1le and Political ;uestions
Justiciable 9uestion ' 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
Political 9uestion <9uestion of policyB
Those 9uestions which under the
$onstitution are to be decided by
the people in their sovereign
capacity or in regard to which full
discretionary authority has been
delegated to the legislative or
e1ecutive branch of the
government.
Associated with the wisdom not the
legality of the particular act.
2 Principle of non2delegation of
powers
2 Potestas delagata non delegari
pitest what has been
delegated cannot be delegated.
o Aased upon the ethical
principle that such
delegated power
constitutes not only a
right but a duty to be
performed by the
delegate through the
instrumentality of his
own 0udgement and not
through the intervening
mind of another.
"easonD 7ncreasing comple1ity of the tas8
of government and the growing inability of
the legislature to cope directly with the
many problems of demanding its attention.
The growth of society has ramified its
activities and created peculiar and
sophisticated problems that the legislature
cannot be e1pected reasonably to
comprehend.
Permissi1le !ele,ation
5elegation of legislative powers is permitted
in the ffD
(. 5elegation of tariff powers to the
President
3. 5elegation of emergency powers to
the President
*. 5elegation to the people at large
%. 5elegation to local governments
+. 5elegation to administrative bodies
Tariff Powers
Sec. 3. <The %ongress may by law
authori&e the President to fi) within
specified limits and sub#ect to such
limitations and restrictions as it may
impose tariff rates import and e)port
$uotas tonnage and wharfage dues and
other duties or imposts within the
framewor* of the national development
program of the "overnment.
2 4ecessity to say e1pediency of
giving the chief e1ecutive the
authority to act immediately on
certain matters affecting the
national economy lest delay
result in hardship to the people.
#mergency Powers
Sec. 3*. 'n times of war or other national
emergency the %ongress may by law
authori&e the President for a limited period
and sub#ect to such restrictions as it may
pre(scribe to e)ercise powers necessary
and proper to carry out a declared national
policy. +nless sooner withdrawn by
resolution of the %ongress such powers
shall cease upon its ne)t ad#ournment.
2 To this end the $ongress may
authorize the President to
e1ercise emergency powers.
Ee may then discharge this
authority with more dispatch
and decisiveness than can be
e1pected from the $ongress
itself dealing with the crisis.
$onditions for the vesture of emergency
powers in the PresidentD
(. There must be war or other national
emergency ' may include rebellion
economic crisis pestilence or
epidemic typhoon flood or other
Chapter 7 !ele,ation of Powers

similar catastrophe of nation2wide
proportions or effect
3. The delegation must be for a limited
period only
*. The delegation must be sub0ect to
such restrictions as the $ongress
may prescribe
%. The emergency powers must be
e1ercised to carry out a national
policy declared by the $ongress
!ele,ation to the People
2 A referendum is the power of
the electorate to approve or
re0ect a legislation through an
election called for the purpose
2 A plebiscite is the electoral
process by which an initiative
on the $onstitution is approved
or re0ected by the people.
!ele,ation to Local &o'ernments
2 7s based on the recognition that
local legislatures are more
8nowledge2able than the
national lawma8ing body on the
matters of purely local concern
and are therefore in a better
position to enact the necessary
and appropriate legislation
thereon.
!ele,ation to +dministrati'e Bodies
2 !iven the volume and variety of
interactions in today=s society it
is doubtful if the legislature can
promulgate laws that will deal
ade9uately with and respond
promptly to the minutiae of
everyday life. Eence the need
to delegate to the administrative
bodies
2 Administrative bodies may
implement broad policies laid
down in a statute by <filling inB
the details which the $ongress
may not have the opportunity or
competence to provide.
2 &or an administrative regulation
to be valid its promulgation
must be authorized by the
legislature
Test of !ele,ation
2To be valid the delegation itself must be
circumscribed by legislative restrictions not
a <roving commissionB that will give the
delegate unlimited legislative authority.
1* Completeness Test
a* the law must be
complete in all its
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 e1cept to
enforce it.
1* A law is complete
when it sets forth
therein the policy to
be e1ecuted
carried out or
implemented by the
delegate
)* The ufficient tandard
test
a* 7ntended 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.
1* Purpose is to
prevent a total
transference of
legislative power
from the lawma8ing
body to the
delegate who is not
allowed to step into
the shoes of the
legislature and
e1ercise a power
essentially
legislative
c* ;ne which defined
the legislative
policy mar8s it
limits maps out its

boundaries and
specifies the public
agency to apply it.
d* The standard must
specify the limits to
the delegate=s
authority announce
the legislative
policy and identify
the conditions
under which it is to
implement.