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Political Law Summer Reviewer
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propera. That government that gets possession andcontrol ofb. or usurps by force or by the voice of majorityc. the rightful legal governmentd. and maintains itself against the will of thelatter.2) Government of
a. That which is established and maintained bymilitary forcesb. who invade and occupy a territory of the enemyc. in the course of war.d. That established as an independent government
by the inhabitants of a country who rise in
against the parent state.
It is one wherein all government authority emanatesfrom the people and is exercised by representativeschosen by the people.
This merely emphasizes that the Philippines hassome aspects of direct democracy such as initiativeand referendum.
The Philippines renounces war as aninstrument of national policy, adopts the generallyaccepted principles of international law as part of thelaw of the land and adheres to the policy of peace,equality, justice, freedom, cooperation, and amitywith all nations.
The Philippines renounces
as an instrument of national policy, butallows for a defensive war.
Examples of Generally Accepted Principles ofInternational Law" cited in PhilippineJurisprudence:
1) The right of an alien to be released on bail whileawaiting deportation when his failure to leave thecountry is due to the fact that no country willaccept him (
Mejoff v. Director of Prisons
, 90 Phil.70)2) The right of a country to establish militarycommissions to try war criminals (
83 Phil. 171)3) The Vienna Convention on Road Signs andSignals and Pacta Sunt Servanda (
88 SCRA 195)4) Duty to protect the premises of embassies andlegations (
Reyes v. Bagatsing,
Pimentel, Jr. v Office of the Executive Secretary
(462 SCRA 622) (July 6, 2005)Ratio:
Signing of the Treaty shows the assent of the State to the treaty which it seeks to enter and has the corresponding duty on the State to refrain from actions which may defeat the purpose of the treaty.
A State party is not bound to ratify a treaty which it signs, however it goes without saying that the refusal must be based on substantial grounds and not on superficial or whimsical reasons.
The President has the discretion even after the signing of the treaty by the Philippine representative whether or not to ratify the same.
It is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it.
Southern Cross Cement Corporation v. Cement Manufacturers Association of the Philippines
(465 SCRA 532) (August 3, 2005)Ratio: Our treaty obligations dissuade the State for now from implementing default protectionist trade measures such as tariffs, and allow the same only under specified conditions. To insulate factual determination from political pressure, and to assure that it be conducted by an entity especially qualified by reasons of its general functions to undertake such investigation, Congress deemed it necessary to delegate to the Tariff Commission the function of ascertaining whether or not those factual conditions exist to warrant the atypical imposition of safeguard measures
. Civilian authority is, at all times, supremeover the military. The Armed Forces of thePhilippines is the protector of the people and theState. Its goal is to secure the sovereignty of theState and the integrity of the national territory.
Civilian authority/Supremacy clause (1
The Constitution provides that the head of the armedforces is a civilian president and the primary purposeof AFP is to serve and protect the people.