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Outline in Constitutional Law 1 (Cruz)

Outline in Constitutional Law 1 (Cruz)

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Published by Arvin Antonio Ortiz

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Categories:Types, Business/Law
Published by: Arvin Antonio Ortiz on Jul 30, 2012
Copyright:Attribution Non-commercial


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Political law is that branch of publiclaw which deals with the organization andoperations of the governmental organs of the State and defines the relations of theState with the inhabitants of its territory.
Scope of Political Law
Constitutional Law
Administrative Law
Law of Public Officers
Election Law
Law on Municipal Corporations
Constitutional Law
Constitutional law is a study of thestructure and powers of the Governmentof the Republic of the Philippines.It also deals with certain basicconcepts of Political law, such as thenature of the State, the supremacy of theConstitution, the separation of powers, andthe rule of the majority.
Necessity of the Study
Every citizen, regardless of thecalling, should understand themechanisms and motivations of hisgovernment. This must be so because“sovereignty resides in the people and allgovernment authority emanates fromthem” (Art.II, Sec. 1, 1987 Constitution). Itis upon the active involvement in publicaffairs of every Filipino that the success of the Republic of the Philippines will depend.
CHAPTER IITHE CONSTITUTION OF THEPHILIPPINESConstitution of the Phils., past andpresent
Commonwealth Constitution (1935)
Constitution of 1973
Freedom Constitution (Feb. 25,1986)
1987 Constitution (adopted on Feb.02, 1987)
Outstanding Features
Revival of the Bicameral Congressof the Philippines and the strictlylegal Presidential system.
 The independence of the judiciaryhas been strengthened, with newprovisions for appointment andincrease in its authority, coveringeven political questions formerlybeyond its jurisdiction.
Supremacy of the Constitution
 The Constitution is the basic andparamount law to which all other lawsmust conform and to which all persons,including the highest officials of the land.
A state is a community of persons,more or less numerous, permanentlyoccupying a fixed territory, and possessedof an independent government organizedfor political ends to which the great bodypolitic render habitual obedience.
State vs. Nation
 The term nation indicates a relationof birth or origin and implies a commonrace, usually characterized by communityof language and customs. The State is alegal concept, while the nation is only aracial or ethnic concept.
Elements of state.
1OUTLINE IN CONSTITUTIONAL LAW 11.People2.Territory3.Government4.Sovereignty
People refers simply to theinhabitants of the State.
 Territory is the fixed portion of thesurface of the earth inhabited by thepeople of the State.“The national territory comprisesthe Philippines archipelago, with all theislands and waters embraced therein, andall other territories over which thePhilippines has sovereignty or jurisdiction,consisting of its territorial, fluvial, andaerial domains, including its territorial sea,the seabed, the subsoil, the insularshelves, and other submarine areas. Thewaters around, between, and connectingthe islands of the archipelago, regardlessof their breadth and dimensions, form partof the internal waters of the Philippines.”(Art. 1, 1987 Constitution)
Government is the agency orinstrumentality through the will of theState is formulated, expressed andrealized.
1.Constituent.—Constituent functionsconstitute the very bonds of societyand are therefore compulsory.2.Ministrant.− Ministrant functions arethose undertaken to advance thegeneral interests of society, such aspublic works, public charity, andregulation of trade and industry. To our Supreme Court, however, thedistinction between the two is not relevantin our jurisdiction. Such distinction hasbeen blurred because of the repudiation of the
laissez faire
policy in the Constitution(PVTA vs. CIR, reiterating the rule in ACCFAvs. Federation of Labor Unions).
Laissez faire
literally means “leave usalone”; it denotes that the governmentshould play little or no role at all in themarket.
Doctrine of Parens Patriae
One of the important tasks of thegovernment is to act for the State as
 parens patriae,
or guardian of the rights of people.
De Jure vs. De Facto Government 
1.De Jure.—A
de jure
government hasrightful title but no power or control,either because this has beenwithdrawn from it or because it hasnot yet actually entered into theexercise thereof.2.De Facto.—A
de facto
government isa government of fact, that is, itactually exercises power or controlbut without legal title.
3 Kinds of 
de facto
1.The government that getspossession and control of by forceor by voice of the majority, therightful legal government andmaintains itself against the will of the latter.2.That established as an independentgovernment by the inhabitants of acountry who rise in insurrectionagainst the parent state.3.That which is established andmaintained by military forces who
1OUTLINE IN CONSTITUTIONAL LAW 1invade and occupy a territory of theenemy in the course of war, andwhich is denominated as agovernment of paramount force.
Government of the Philippines
Administrative Code of 1987, Sec.2(1):“The corporate governmental entitythrough the functions of the governmentare exercised throughout the Philippines,including, save as the contrary appearsfrom the context, various arms throughwhich political authority is made effectivein the Philippines, whether pertaining toautonomous regions, provincial, city,municipal, or barangay subdivisions orother form of local government.”A government-owned or controlledcorporation (GOCC) engaged in proprietaryfunctions cannot be considered part of theGovernment for purposes of exemptionfrom the application of the statute of limitations.
 Administration vs. Government 
Administration is the group opersons in whose hands the reins of government are for the time being.
 The administration runs thegovernment.
Administration is transitionalwhereas the government ispermanent.
Sovereignty is the supreme anduncontrollable power inherent in a Stateby which that State is governed.
Two Kinds of Sovereignty
1.Legal sovereignty.—The authoritywhich has the power to issue finalcommands.2.Political sovereignty.—The powerbehind the legal sovereign, or thesum of the influences that operateupon it.
Characteristics of Sovereignty
“The State may not be sued withoutits consent” (Art. XVI, Sec. 3, 1987Constitution).
Basis of Non-suability of State
 The non-suability of the state isbased on the logical and practicalground that there can be no legalright against the authority whichmakes the law on which the rightdepends (Justice Holmes).
 The demands and inconveniences of litigation will divert the time andresources of the State from themore pressing matters demandingits attention to the prejudice of thepublic welfare.
 The test is whether, assuming thedecision is rendered against the publicofficer impleaded, enforcement thereof willrequire an affirmative action from theState, such as the appropriation of theneeded amount to satisfy the judgment.
Waiver of Immunity

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