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UP08 Political Law

UP08 Political Law

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UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
Bar Operations 2008
POLITICAL LAW
Bar Operations Head
Arianne Reyes
Academics Head
Henry AgudaRyan Balisacan
Subject Head
Andrea Patricia Lacuesta
 
TABLE OF CONTENTS
Section 1.Constitutional Law 1 3
I. Preliminary Concepts 3II. The State 5III. Structure and Powers of the National Government 8IV. The Constitutional Commissions 35V. National Economy and Patrimony 47
Section 2.Constitutional Law 2 54
I. Fundamental Powers of the State 54II. Bill of Rights 57III. Rights in the Criminal Administration of Justice 67
Section 3.Administrative Law 76
I. Historical and Constitutional Considerations 76II. Control of Administrative Action 80III. Powers and Functions of Administrative agencies 82IV. Administrative Procedure 87V. Judicial Review of Administrative Decisions 90VI. Modes of Judicial Review 92VII. Extent of Judicial Review 96VIII. Enforcement of Agency Action 98
Section 4.Local Government Law 99
I. Basic Principles 99II. General Powers and Attributes of LGUs 104III. Local Initiative and Referendum 112IV. Municipal Liability 113V. Intergovernmental Relations National Government and LGUs 114VI. Local Officials 115VII. Local Government Units 124VIII. Miscellaneous and Final Provisions 125IX. Title II: Provisions for Implementation 126
Section 5.Law on Public Officers 128
I. Public Office and Officers 128II. Eligibility and Qualifications 131III. Formation of Official Relation 134
Section 6.Election Law 138
I. General Principles 138II. The COMELEC 140III. Voter Registration 143IV. Eligibility for Candidacy 146V. The Election Campaign 153VI. The Election 159VII. Counting and Canvassing Votes 164VIII. Contested Elections 172IX. Election Offenses 177
Section 7.Public International Law 180
I. Concept, Nature, Definition of International Law 180II. Relation of International Law and Municipal Law 180III. Sources of International Law 181IV. Actors/Subjects in International Law 185V. Jurisdiction and Immunities 192VI. Imputability: Requisites of Responsibility 195VII. Consequences of State Responsibility 196VIII. Diplomatic and Consular Relations 197IX. The Law of the Sea 199X. Special Issues 200
POLITICAL LAW
 
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CONSTITUTIONAL LAW 1
CONSTITUTIONAL LAW 1PRELIMINARY CONCEPTS
I. INTRODUCTION: THE CONSTITUTION,CONSTITUTIONALISM AND CONSTITUTIONALLAW
A. Political Law
1. Definition:branch of public law which deals with the organization andoperation of the government organs of the state and definesthe relations of the state with the inhabitants of its territory.(Sinco, Phil Political Law 1, 11th ed., 1962)2. Scope of Political Law (Sinco)law of public administration - deals with the organization andmanagement of the different branches of the government,constitutional law – deals with the guaranties of the constitutionto individual rights and the limitations on governmentalactionadministrative law – deals with the exercise of executive powerin the making of rules and the decision of questionsaffecting private rights andthe law of public corporations deals with governmentalagencies for local government or for other special purposes.
B. Constitutional Law
1. Definition* As understood in American and Philippine Jurisprudence, aterm used to designate the law embodied in the constitutionand the legal principles growing out of the interpretation andapplication made by courts of the provisions of theconstitution in specific cases. xxx* A distinct branch of jurisprudence dealing w/ the legalprinciples affecting the nature, adoption, amendment, andoperation of the constitution. (Sinco 67.)
C. Constitution1. Definition
* Tanada and Fernando: "a written instrument organizing thegovernment, distributing its powers and safeguarding therights of the People."* Malcolm and Laurel: "the written instrument by which thefundamental powers of government are established, limitedand defined, and by which those powers are distributedamong the several departments for their safe and usefulexercise for the benefit of the body politic."
II. THE 1987 CONSTITUTION
A. Basis of Aquino Government1. Proclamation No. 1, 25 February 1986.
* announced the Provisional Constitution* seemed to suggest that it was a revolutionary government,since it announced that the "new government was installed,through a direct exercise of the power of the Filipino peopleassisted by units of the New Armed Forces," referring to theEDSA revolution.
2. Proclamation No. 3, March 25, 1986
* adopted the Provisional Constitution or Freedom Consti-tution* abrogated the legislative provisions of the 1973 Constitution,modified the provisions regarding the executive department,and totally reorganized the government.* provided for the calling of a Constitutional Commission,composed of 30 to 50 members appointed by the Presidentwithin 60 days.* Contents of Provisional Constitution:
Art I Adoption of certain provision of the 1973Constitution as amended
Art II – on the President, Vice President and Cabinet
Government reorganization promoting economy,efficiency and the eradication of graft and corruption
Existing laws, treaties and contracts shall remainoperative until amended, modified or repealed
Art V – Adoption of a new Constitution (ConstitutionalCommission)
Art VI – Holding of Elections
Art VII – Effective Date
3. Adoption and Effectivitya. Art. V., Provisional Constitution
ADOPTION OF A NEW CONSTITUTIONProcessA Commission shall be appointed by the Presidentto draft a new Constitution within 60 daysfrom the date of this proclamation (Sec 1,Proclamation No. 3)New Constitution shall be presented by theCommission to the President (Sec 5,Proclamation No. 3)The President shall fix the date for the holding of aplebiscite within 60 days following itssubmission to the President (Sec 5,Proclamation No. 3)New Constitution shall become valid and effectiveupon ratification by a majority of the votes castin such plebiscite (Sec 5, Proclamation No. 3)Composition of CommissionNumber: 30-50 membersRequirements (Sec 1, Proclamation No 3)Natural-born citizenOf recognized probity, known for theirindependence, nationalism andpatriotismChosen by the President after consultationwith various sectors
b. 1987 Constitution, Art. XVIII, sec. 27.
EFFECTIVITY* This Constitution shall take effect immediately upon itsratification by a majority of the votes cast in aplebiscite held for the purpose and shall supersede allprevious Constitutions.* Approved by the Constitutional Commission of 1986on the twelfth day of October 1986* Accordingly signed on the fifteenth day of October1986 at the Plenary Hall, National Government Center,Quezon City, by the Commissioners whose signaturesare hereunder affixed.c.
Proclamation No. 58, February 11, 1987
* Proclaimed the ratification of the 1987 Constitution
B. CASE LAW:Lawyer’s League vs. Aquino
The legitimacy of the Aquino government was being contestedThe Court ruled that the legitimacy of this government is anon-justiciable matter. “It is only the people of thePhilippines who may be the judge of its legitimacy. Sincesuch government is accepted by the people, it is notmerely a de facto government but also a de juregovernment. Moreover, the community of nations hasrecognized its legitimacy”
In re: Saturnino Bermudez
The petitioner is asking for a declaratory relief and to explainthe ‘ambiguity’ in the proposed 1986 Constitution as towho was being referred to as President and Vice-President in Art XVIII Sec 7.The Court ruled that they do not have original jurisdiction overdeclaratory reliefs“There is lack of personality to sue and such petition amountsin effect to a suit against the incumbent President… it isequally elementary that incumbent Presidents areimmune from suit or being brought to court during theperiod of their incumbency and tenure.”

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