POLITICAL LAW

Datuali, SN.

PRELIMINARY CONCEPTS d) Sovereign

1. Internal: power of the state to control
its domestic affairs
NATURE OF CONSTITUTION 2. External: power of the state to direct
3. Legal: power to issue final commands
Constitution is prescribed as: 4. Political: power behind legal
1. Written – reduced in sovereign
writing/documented
2. Enacted – product of a deliberate Principle of State Continuity
assembly - The disappearance of any of the
3. Rigid – cannot be altered/amended elements of the statehood would
except by means of a process or cause the extinction of the state, but
method spelled out in the character mere changes would not cause such
itself. extinction.

Good written Constitution: Modes of acquiring territory

1. Brief 1. Discovery
2. Broad – should stand the test of time 2. Prescription – uninterrupted
3. Definite occupation
3. Accretion – land area increased either
Purpose: by natural/human effort
1. Prescribes permanent framework of 4. Cession – bilateral agreement;
the system of the government; transfer agreement
2. Assigns to the different department 5. Conquest – acquisition by use of force
their respective powers and duties;
and FUNDAMENTAL POWERS OF THE STATE
3. Establishes basic principles 1. Eminent Domain
1. Acquisition by the state of private
Major parts of the Constitution: property for public use without the
1. Constitution of Government consent of the owner upon payment
2. Constitution of Liberty of just compensation.
3. Constitution of Sovereignty 2. Police Power
2. Power to regulate liberty and
property for the promotion of general
THE PHILIPPINES AS A STATE welfare.
- The Philippines is a Democratic 3. Taxation
and Republican State 3. Enforced proportional contribution,
- The Sovereignty resides in the people imposed by the State in its sovereign
and all government authority capacity, to support the government.
emanates from them.
DECLARATION OF PRINCIPLES AND STATE
Elements: (PDOS) POLICIES
a) People
b) Definite Territory
a. REPUBLICAN STATE
c) Organized Government
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Datuali, SN.

- One which derives all its powers, - Benevolent Neutrality Approach: wall
directly or indirectly, from the great of separation is meant to protect the
body of people and is administered by Church from the State.
persons holding their offices for a
limited period or during good g. PARENS PATRIAE
behavior. - Inherent right to aid parents in moral
- Powers of government are placed in development of the youth
the hands of persons chosen directly - Obligation to provide protection and
or indirectly by the people at large. look after the welfare of its people
especially those who cannot tend to
b. DOCTRINE OF INCORPORATION themselves.
- By constitutional declaration, - State acts as guardian of the people
generally accepted principles of especially those with legal disabilities.
international law is deemed to have
force of domestic law without need of h. SOCIAL JUSTICE
enacting a law of similar nature. - As akin to or interlaced with police
power which is exercised by the State
- Opinio Juris: a general consistent to primarily promote the general
practice of states followed by them welfare or the common good.
from a sense of legal obligation. - Humanization of laws and
equalization of social and economic
c. INDEPENDENT FOREIGN POLICY forces by the state.
- In its relations with other states, the
paramount consideration shall be: i. LOCAL AUTONOMY
1. National Sovereignty - Exercise of basic powers by LGU to
2. Territorial Integrity better serve and promote the interest
3. National Interest and general welfare of the citizens.
4. Right to Self-
determination
STATE IMMUNITY
d. RENUNCIAYION OF WAR & FREEDOM Doctrine of State Immunity
FROM NUCLEAR WEAPON “The State cannot be sued without its
- Aggressive war, not defensive war. consent”
- Ban on Nuclear arms includes: - There can be no legal right as against
1. Possessing the authority that makes the law on
2. Controlling which the right depends.
3. Manufacturing
4. Nuclear test in our territory State Immunity form Suit
5. Use of our territory as dumping - Applies to complaints filed against
ground for radioactive wastes public officials for acts done in
performance of their duties.
e. CIVILIAN SUPREMACY - Public officials are not exempt in their
PERSONAL CAPACITY.
f. SEPARATION OF CHURCH AND STATE
International Basis
“An equal does not have power over an equal”
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Datuali, SN.

How consent is given: UNCLOS III

1. Express - Prescribes the water-land ratio, length
- Through general or special law and contour of baselines of
2. Implied archipelagic states like the
Philippines.
2 Theories of Sovereign Immunity
1. Absolute Theory Maritime Zones (0-12-24-200-beyond)
1. A sovereign cannot, without its a. Internal waters
consent, be made a respondent in the - Waters between and connecting the
courts of another sovereign. Philippine islands. They are enclosed
therein by imaginary baselines.
2. Restrictive Theory - The Philippines exercises sovereignty
- Immunity of sovereign is recognized - No innocent passage by vessels from
only with regard to public acts (jure different countries are allowed.
imperii), but not with regard to
private acts (jure gestionis) b. Territorial Sea
- Waters embraced within 12 nautical
miles from the baseline.
THE NATIONAL TERRITORY - PH have sovereignty.
- Right to innocent passage may be
National Territory is comprised of: enjoyed by foreign vessels.
- Philippine archipelago, with all the
islands and waters embraced therein; c. Contiguous Zone
- Internal waters, waters around, - Within 24 nautical miles from the
between and connecting the islands of baseline
the archipelago regardless of breadth - PH have no sovereignty
and dimension - BUT PH must implement Fiscal, Trade
- All other territories over which the and Sanitary Regulations.
Philippines has sovereignty or
jurisdiction. d. Exclusive Economic Zones
- Within 200 nautical miles from the
Archipelago Doctrine baseline
- An imaginary baseline is connected - PH may enjoy exclusive economic
with the outermost portion of our activities.
archipelago and all the waters
enclosed therein are considered as High Seas
part of our internal waters. - Beyond EEZ
- No State or country has the right to
Regime of Islands ownership
- Naturally formed area surrounded by
water which is above water at high
tide.
- Islands generate their own maritime
zones
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Datuali, SN.

DIVISION, ALLOCATION AND 4. House of Reps may initiate

impeachment against the Pres.
DELEGATION OF POWERS
Blending of Powers
Three branches of the Government: - Principle where certain government
1. Legislative Department acts require the performance of
2. Executive Department another act by another person or
3. Judicial Department organ of the government.
- Nonperformance of the latter act
Doctrine of Separation of Powers renders the initial act without any
- Each department of the government legal and binding effect.
has exclusive cognizance of matters
within its jurisdiction, and is supreme Judicial Intervention
within its own sphere.
- Implies that certain powers assigned Non-Delegation of Powers
by the Constitution to one department - What has been delegated can no
can neither be surrendered nor longer be delegated
delegated by that department, nor - Where the sovereign power of the
vested by statute in another state has located the authority, there it
department or agency. must remain and by the constitutional
- To prevent a concentration of agency alone the laws must be made
authority in one person or group. until the Constitution itself is changed.
- A further delegation of such power
Legislative Veto would constitute a negation of this
- Any provision of the law that duty in violation of the trust in the
empowers Congress or any if its delegate mandated to discharge it
members to play any role in the directly.
implementation or enforcement of the
law violates the principle of Permissible Delegation
separation of powers, thus, 1. Delegation permitted by the Consti;
unconstitutional. 1. Delegation of Tariff powers to the Pres
2. Delegation of Emergency Powers to
Checks and Balances the Pres.
- Any excessive exercise by one 2. Delegation to the LGU;
department may be checked by other 3. Delegation to the people at large; and
in accordance with the mode 4. Delegation to administrative bodies.
prescribed by the constitution.
- Examples: Test for Valid Delegation
1. Pres may veto any bill a. Completeness Test
2. 2/3 vote of each House of the 3. The law passed by the congress must
Congress may override the veto of the be complete in all its essential terms
Pres. and conditions before it leaves the
3. Any law or treaty may be declared as legislature such that when it reaches
unconstitutional by the SC if the delegate, there is nothing left to do
appropriately raised by the proper but to enforce it.
party.
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Datuali, SN.

b. Sufficient Standard Test 4. Registered voter

4. the legislature must establish definite 5. Resident of PH for not less than 2
guidelines or limitations in the law to years immediately preceding the
map out the boundaries of the day of election.
delegate’s authority by which he is to - Animus Revertendi: intention to
be guided. return
- Animus Manendi: intention to remain
- Term shall commence at noon of June
LEGISLATIVE DEPARTMENT 30 next following their elections.

House of Representatives
Nature of the Legislative Power - Shall be composed of NOT more than
- to determine legislative policy, 250 members
formulate and promulgate it as a - Elected from legislative districts,
defined and binding rule of conduct
through a party-list system, regional,
within the limits laid down by the
and sectoral parties or organization.
Constitution.
- Part-list representatives shall
- Legislative Power is vested in the
constitute 20% of the total number of
Congress of the Philippines, except to
representatives including under the
the extent reserved to the people by
party-list.
the provision on initiative and
referendum.
a. District Representatives
2 kinds of Legislative power in a Republican - Term of office shall be 3 years
System: - 3 consecutive terms only
- Must be:
1. Original Legislative Power
i. Natural-born Citizen
- One which sovereign people posses.
ii. At least 25 years of age on the
2. Derivative Legislative Power
day of the election
- Delegated by the sovereign people to
iii. Able to read and write
the legislative bodies.
iv. Registered voter in the district
Bicameral Congress in which he shall be elected
v. A resident thereof for a period
- Composed of the Senate and the not less than 1 year
House of Representatives. immediately preceding the
The Senate day of election.

- Composed of 24 elected Senators b. Party-List System

- Term shall be 6 years (2 successive - The organization that may participate
years only) in the party-list election may either be
political party or sectoral party or a
- Must be: coalition of parties.
1. Natural-born Citizen
2. At least 35 years of age on the day Legislative Privileges
of the election a. Salaries
3. Able to read and write b. Freedom from arrest
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Datuali, SN.

- For offenses punishable by not more any court of justice or before electoral
than 6 years, while the Congress is in tribunals.
session.
c. Speech and Debate clause 4. No Member of Congress shall directly
- No member shall be questioned nor or indirectly be interested financially
be held liable in any place for any in anu contract with or in any
speech or debate in the Congress or in franchise of special privilege granted
any committee thereof. by the government.
- This freedom does not protect him
from the responsibility before the
congress itself. 5. No Member of Congress shall
intervene in any matter before any
d. Disclosure of Interest office of the government for his
- Members of the Senate and House of pecuniary benefit
Representatives shall, upon
assumption of office make a full
disclosure of their financial and
business interests. (SALN)
- They shall notify the House concerned
of a potential conflict of interest that
may arise.

Prohibitions for Members of the Congress

1. Incompatible Office
- When there is a conflict in the duties
of the office, so that the performance
of one interferes with the
performance of the duties of the other.
- Purpose is to preserve the
independence of the legislature in
accord with the principle of
separation of powers.

2. Forbidden Office
- Even if the Member of Congress is
willing to forfeit his position as a
legislator, he may not still be
appointed to any office in the
government if that has been created
or the emoluments thereof have been
increased during his term.

3. No Member of Congress may

personally appear as counsel before