Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
12Activity
0 of .
Results for:
No results containing your search query
P. 1
Political Law by Isagani Cruz Chapter 1-4

Political Law by Isagani Cruz Chapter 1-4

Ratings:

5.0

(1)
|Views: 6,013|Likes:
Published by Niel Edar Balleza
Book copy Political Law by Isagani Cruz Chapter 1-4
Book copy Political Law by Isagani Cruz Chapter 1-4

More info:

Published by: Niel Edar Balleza on Sep 20, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/24/2015

pdf

text

original

 
+0o-
xxtdll
ChaPter
I
GENERAL
C
ONSIDERATIONS
PoLlTlCALl,Awisthatbranchofpubliclawwhichdeals
*ith
th"
organizationand
operationsl
of
the
governmental
;tg;
ofil;e
State
and
defines
therelations
ofthe
State
*t[trtt
"inhabitants
of
its
territory''In
the
present
law
cur:riculumprescribed
by
the
Sul
prcme
Couri,
PoliticalLaw
embraces
Constitutional
Law
ILa
U,
AdministrativeLaw,
the
Lawof
Pub1ic
Officers'
pr-r.tio"
Law
and
theLaw
on
Municipal
corporations.
Constitutional
LawI,
whichisthe
particular
*"!j:d
dthie
work,is
a
study
of
the
strrrctureand
powers-of
the
ft,u.**""i
,f
the
depublic
of
the
Philippines'
It
also
ilffi;h;"rt
i"
basicconcepts
of
political
Law,
such
as
Bcope
of
theStudY
forthe
StudY
ffi"tr,|,
of
the
State,
the
supremacy
of
theConstitution,
ff
ffi,**uo"
of
powers,
and
therule
of
the
m{ority'
the
inclusion
of
PoliticalLaw
as
I
requiredsr$ject
in
f"*.o*t"
isonly
one
of
the
reasons
forits
study'
I
pcoplev.Perfecto,
48
Phil.
887.
 
,
Pm.ppnrs
Polmou,
[,aw
Everycitizen,
regardless
of
calling,should
under-
stand
the
mechanics
and
motivations
of
his
government.
Thismust
be
so because
"souereignty
resi.dcs
in
tte
people
and
all
gouernnunt
authority
emanzatcs
fum
them.",
Ii
is
upon
the
active
involvement
in
publicaffairs
of
every
Fili-
pino
that
the
success
of
the
Republic
of
the
philippines
will
depend.
the
fundamental
law
provides
that "all
edutatinnalinstitutions
slnll
includc
tLrc
stu.dy
of
tlrcConstitution
as
part
of
tln
eurricula."tBaeisof
theStudy
The
principal
basis
of
thestudy
of
Constitutional
Law
I
is
the
present
Constitution
of
the
Philippines
as adopted
on
Febmary
2,
Lg87.In
addition,
the
studentshould
con-
sider
pertinent
statutes,
executiveordersand
decrees,
and
judicial
decisions,
as
well
as
curent
political
events
in
whichthe
purposes
of
the law
areapplied(or
misapplied).
Partieularly
with
regard
to
those
of
their
provisions
that
have been
retained,in
toto
or
with
modifications
inthe
new
Constitution,
the
Constitutions
of
lgBE
and
1gTB,
which
serued as
its
workingdrafts,
arean
integral
partof
this
study.
So
too
is
theConstitution
of
the United
States,
along
with
relevantrulings
of
its
SupremeCourt,
in
connection
with
the
partsof
that
document,
Iikethe
BilI
of
Rights,
that
have
been
incorporated
in
the
present
Constitution
of
the
Philippines.The
reason
is
that
importedprovisions
of
law
are,
as
ageneral
rule,interpreted
in
the
light
of
their
understanding
in
the
country
of
origin.
'Constitution
of
1987,
Art.
II,
Sec.
1.
'Ibid.,Art.
xIV,
Sec. B(1).
5L
Gmnmr,
ConsppRArroNs
Background
of
theStudyThe
inhabitants
of the
Philippines
originally
con-
sisted
of
disparate
tribes
scattered
throughout
its
more
than
seven
thousand islands.
These
tribes
weregenerally
free
and
were
each
governed
by
a
system of
laws
promul-
gatedby
the
datuor
a councilof elders.Except
when theyfellunderthe
swayof
a
foreign
power,
Iikethe
Madapahit
and
Sri-Vishayan empires,
these
tribes
were
borrnd
mainly,
if
notonly,by commercial ties.
The
discovery
of
the
Philippines by Magellan
in
1521
brought
the
peopleof
the
territory
under
the
common
ruleof
Spain.
Ttris
rule
lasted
for
more
than
three
hundred
years,
during
which
the
abuses
of
thegovernment
and
the
fhiars
gradually
developed
a
sense
of
unity
among
thenatives.
Rizaland
the
other
propagandists
were
later
to
ignitethe
spfit
of
nationalism
that
was
to
fuel thePhilip-
pine
Revolution.
Start€d
by
the
fiery
Boniliacio
and
won underthe
ablegeneralship
of
Emilio
Aguinaldo,the PhilippineRevolution
finally
ended
Spanishsovereignty
in
the
Philippines.
On
June
12,
1898,
Philippine
independence
was
proclaimed;
and
on January
21,
1899,
theFirst
Philippine
Republic
was
established
with
fuuinaldo
as
its
President.
The
Malolos
Constitution,
underwhich
the
new
government
was
established, was
the
first
democratic
constitution
ever
to
bepromulgated
in
the
whole of Asia. Significantly,
it
established
a
parliamentary
system,
but
with
the
Presi-
dent
and
notthe
Prime
Minister
as head
of
the
govern-ment.
The
first
Republicof
the
Philippines
was
to
be
short-llved
for
even
as
the
Philippine
Statewas being
erected,
the
United
States
was alreadyplanting
the
seeds
of an'
othersovereignty
in
our
country.The
Filipinos
were
de-luded
into
believing
that
the Americans,who
were
then at
 
PrulppnrpPouucaL
law
Gmmur,
Cousnnnerroxs
war
with
spain,
were
their
allies.
But
it
was
soonreveared
that
the
united
states
had
its
own
imperialistic
ar.igrr.'o.
thePhilippines.
_.-.
Disregarding
the
declarationof
independence
by
the
Filipinos,
the
erstwhilebelligerents
concluded
the
ii."tv
of
Parison
December
10,
tbgg,
which
provided
f";A"
cession
of
the
p{ippi","
Islands
by
Spain
to
th;
U"iLa
states'
To
the
credit
of
the
Filipinoslthey
resisted
thenew
threat
to
their
freedom
withundiminisr"a
"uro".
ioor"r"",
the
superior
forces
of
theinvader
easil,put
an
_ii;;"
Philippine-American
War,
paving
iL"
","v
ilE"-;
colonization
of
ourcountry.
The
Americans
first
organized
a
militarygovernment,
but
consolidation
.of
execritive,
regislati;;d
ilt.tr,
uthority
in
the
military
governor
p"rovoked
protesls
fromAmericanlibertarians
corrcerned
;"
th"
;;;il##;"
of
the
doctrine
of
separationof
po$rer'.
e"
.
oruil,
G,
ere
takenforthe
transition
from
military
to
civilil
;l;.
The
first
of
.thesesteps
was
the
creation
of
the
schurmancommission,
oth-ennise
known
as
the
First
Philippine
Commission,
to
make
a
fact-finding
*"*"y
,f
the
Philippine
Islands
and
submit
appropriate
recorn-
mendations
to
the
U.S.
Congress.
This-was
."nriitr;a
later
bythe
Taft
commissiorf,
aho
known
as
the
second
Philippine
commission,
whichtook
over
all
the
legislativepowers
and
some
ofthe
executiveand
judicial
fi;;
he
military
governor..Thereafter,
o"
"l"fy
+,
fgdf,
porrrr-
ant
to
the
Spooner
Amend*"rri,
"irif
L"*-*""i
*"c
established
in
the
philippine
Islands,
wittrWitU*r,
ffr*.
ard
Taft
as
the
first
governor.
ippine
Assembly-unt,
iLs
dissolution
in
1916.
rn
that
year
as
promulgated
thephilippineAu
!"il
;E;9*
r,"*,
*ir,i.r,
;[tHil"tTi
f:
""tr\
hilippine
I€sislaturc;+,$;'#a
Senatc
anda
Ho,se
f
Representatives.
rvr*"riGrJ-
and
sergioosmeria
ere
elected
kesident
rrra
Sp"t""
ispectively.
The
Jones
Law
continued
until
lgBE,
when
it
was
upplanted
bv
the
lydin*-McDude
Act,which
author_
z'ed
theestablishment
of
ire
commonwearth
of
the
philip
prnes.
Towarrd
this€nd,
"cor"titrilor,"r
conventionftamedtheConstihrrion
of
r96q,
;lri;h-;;ratified
on
May
14
of
tat
yearand
led,t"
tt"
i""rrs;Uon
ofthe
Common-
wealth
Government
on
Noveiffiii,
rggs.euezon
washe
first
pnesident,
with
Osmena
L
Vio"-n_uident
The
Tldings-McDuffeAct
promised
independence
toheFilipinos
if
they
could
p-uJtt"i"
capacity
for
deme
eraticgovernment
a*irr,"
t"n
";-t"a"sition
period.As
[P"q
out,they
tere
to
demonshate
this
competence
not
only
in
the
councils
orp"r.
["t
,,""
r"
tlr";ffiffi;
Y:dg
War
rI,
*g
*
f.;srliltly
in
the
SecondRe-ubric
of
the
philiopines
*;d;
by
*sident
Jose
p.Lau-
ul
during
the
Jap'aneseocctrpation
of
ourcounky.
..Accordingly,
on
July
4,
Lg46,
theUnited
States
for_
mdly
withdrew
it
sovereisu-ty
r*;;L
philippines.
pnesi_
dcntManuel
A
Roxas
th;d;;-r"i"*a
thi
fteedom
of
ffirffi*:
people
and
proct'aimJ-ir,"
n"puu";th;
The
Republic
of
thelhilippines
was
to
punue
an
er_
tltic
coume
that
was
,Ifi*"[ltL't*"O"_
it
into
a
naar-ananchic
spteq
comrptedon
the
one
hand
by
the
drcedent
"taves,
ana
subvertsd;;
tlr
otherby
the
dis-
sntont€d
"have'notg."
conditio*
*ti;""a
todeteriorate
YtHlthe4enLup
reaenhnents
oi
tfi'
p*pf"
erupted
in
a
aumber
of
rnasedemongtrations,
,uJ"
of
them
violent,
By
virtue
of
the
philippine
Bill
of
1902,
the
philippine
Assembly
was
createa
in-igOZ
to
sii
with'the
philifii;
Commission
in
a
bicamerallegislature.
Sergio
Osmefia
was
initiallv
and
successivelyerected
speaker?
trr.-F;lrii.

Activity (12)

You've already reviewed this. Edit your review.
jezsa joy buncag liked this
jaime portes liked this
Mitch Mj liked this
Jhonny Parel liked this
dbgraze liked this
1 thousand reads
Pakky Jumagdao liked this
annedefranco liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->