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
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.
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.