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Political Law Review JV Mendoza

Political Law Review JV Mendoza

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Constitutional Law 1
Constitutional Law 1

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POLITICAL LAW REVIEW
 
VOLUME I
 
Based on the outline of Justice Vicente V. Mendoza
 
April 1996 Revised Edition_______________
Compiled by Jose Salvador Y. Mirasol
 
Updated by UP Law Batch 1995
Updated and Enlarged by Rodell A. MolinaUP Law Batch 1996
This revised edition is intended to further improve a previous edition of thiswork. Important points taken from Justice Isagani Cruz's book in Political Law havebeen summarized in this work.Special thanks to Lianne Tan for lending me her diskette in Political Law Review as updated by UP Law Batch 1995, Ma. Rosario Bernardo for digestingsome of the cases in volume I, Shirley Alinea for lending me her notes in Political Law, Non Lerrer, Buddy Carale and TJ Matta for patiently printing this work.This work is dedicated to UP Law Batch 1996, to which I belong, most specially to Section A. May this work help us in passing Political Law this comingbar exams in September 1996. Let us all pray for a one hundred per cent passing rate.
 
"To Him be the glory and honor forever."
 -- RAM_______________GENERAL INTRODUCTIONI.
DEFINITIONS AND CONCEPTS IN PUBLIC LAW
 
A.
 
Political Law defined
 That branch of public law which deals with the organization and operation of thegovernment organs of the state and defines the relations of the state with the inhabitants of itsterritory. (Sinco, Philippine Political Law 1, 11th ed., 1962)
 
POLITICAL LAW REVIEW
Updated and Enlarged by RAMApril 1996 Revised EditionPAGE 2
Scope of Political Law.-- The entire field of political law may be subdivided into (a)the law of public administration, (b) constitutional law, (c) administrative law, and (d) the lawof public corporations. These four subdivisions may be briefly described for the time being, asfollows: The first deals with the organization and management of the different branches of thegovernment; the second, with the guaranties of the constitution to individual rights and thelimitations on governmental action; the third, with the exercise of executive power in the makingof rules and the decision of questions affecting private rights; and the last, with governmentalagencies for local government or for other special purposes. (Sinco 1)Macariola v Asuncion, 114 SCRA 77 (1982)
Spanish Code of Commerce Provision Disqualifying Judges from Engaging in Commerce is Part of Spanish Political Law Abrogated by Change of Sovereignty
F:
The complainant alleged that respondent judge of the CFI violated paragraphs 1 and 5, Art. 14 of the Code of Commerce (w/c prohibited judges, among others, from engaging in commerce, either in personor in proxy or in the financial intervention in commercial or industrial companies w/in the limits of thedistricts) when he associated himself w/ the Traders Mftg. & Fishing Industries, Inc. as a stockholder andpres., said corp. having been organized to engage in business.
 HELD: Although this provision is incorporated in the Code of Commerce w/c is part of the commercial laws of the Phils, it partakes of the nature of a political law as it regulates therelationship between the government and certain public officers and employees, like justices and judges
.
 Political law has been defined as that branch of public law w/c deals w/ the organization and operation of the governmental organs of the State and defines the relations of the state w/ the inhabitants of its territory
.
Specifically, Art. 14 of the Code of Commercepartakes more of the nature of an administrative law bec. it regulates the conduct of certainpublic officers and employees w/ respect to engaging in business; hence, political in essence.xxx Upon the transfer of sovereignty from Spain to US, and later on from US to theRepublic of the Phils., Art. 14 of the said Code must be deemed to have been abrogated bec.where there is change of sovereignty, the political laws of the former sovereign, whethercompatible or not w/ those of the new sovereign, are automatically abrogated, unless they areexpressly re-enacted by affirmative act of the new sovereign. There appears to be no enabling oraffirmative act. Consequently, Art. 14 of the Code of Commerce has no legal and binding effectand cannot apply to respondent Judge.
VV.
 
B. Constitutional Law Defined
 A constitution is both a legal document and a political plan. It, therefore, embodies legalrules as well as political principles. And so when we speak of constitutional law in the strictsense of the tern, we refer to the legal rules of the constitution. xxxxxxIn the sense in w/c the concept is understood in American and Philippine Jurisprudence,
constitutional law is a term used to designate the law embodied in the constitution and the legal principles growing out of the interpretation and application made by courts of the provisions of 
 
the constitution in specific cases.
xxx
 
POLITICAL LAW REVIEW
Updated and Enlarged by RAMApril 1996 Revised EditionPAGE 3
Constitutional law forms a distinct branch of jurisprudence dealing w/ the legalprinciples affecting the nature, adoption, amendment, and operation of the constitution. (Sinco67.)
Types of Constitutional Law
.-- In general, there are three (3) different types of constitutionallaw, namely,(1) the
 English type
, characterized by the absence of a written constitution (Sinco 67)An unwritten constitution, and the power of judicial review by the courts. Thus, thecourts cannot invalidate the acts of the parliament as being unconstitutional because of "parliamentary supremacy." (Mirasol notes.)(2) the
 European continental type
, where there is a written constitution w/c gives thecourts no power to declare ineffective statutes contrary to it (Sinco 67.)A written constitution but no power of judicial review by the courts. The so-called Con-stitutional Courts of France do not exercise real judicial review but only render advisory opinionson constitutional questions upon the request of the government, not of parties in actual litigation.(Mirasol notes.)(3) the
 American type
where the legal provisions of the written constitution are giveneffect through the power of the courts to declare ineffective or void ordinary statutes repugnantto it. (Sinco 67.)A written constitution and the exercise of judicial review by the courts, which is thepower of the courts to determine the constitutional validity of the acts of legislature and otherbranches of government. (Mirasol notes.)
C. Constitution Defined
It is "a law for the government, safeguarding individual rights, set down in writing."(Hamilton.)Such a view found acceptance in the work of Tanada and Fernando:"It may be more specifically defined as a written instrument organizing the government,distributing its powers and safeguarding the rights of the People."From Malcolm and Laurel:"It is the written instrument by which the fundamental powers of government areestablished, limited and defined, and by which those powers are distributed among the severaldepartments for their safe and useful exercise for the benefit of the body politic."According to Schwartz, "a constitution is seen as an organic instrument, under whichgovernmental powers are both conferred and circumscribed. Such stress upon both grant andlimitation of authority is fundamental in American theory. 'The office and purpose of theconstitution is to shape and fix the limits of governmental activity.'" (Fernando, The Constitutionof the Philippines, 20-21, 2nd ed., 1977.)

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