CONSTITUTIONAL LAW 1

Layla-Tal Medina 2007-67099-1 Preliminary Considerations-Concept of State POLITICAL LAW is the branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.1 What is constitutional law? Is that branch of political law which fixes the organization of government, determines the competence of the administrative authorities who execute the law and indicates to the individual, remedies for the violation of his rights. What is a Constitution? 1. 2. A Constitution is the fundamental organic law of a State which contains the principles on which the government is founded and regulates the division and exercise of sovereign powers. A body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

The state pertains to a legal concept, while the nation refers to a racial or ethnic concept. as distinguished from government The government is only an element of the state. The government is an agent, and the State is the principal. The government externalizes the will of the State. THE ELEMENTS OF THE STATE 1. People- the inhabitants of the state; their number must not be too small as not to be able to defend themselves, and not too great as they would be difficult to administer. They must be also of both sexes so they could also be able to perpetuate themselves. The people may develop and share certain characteristics such as a common language, religion, and a set of customs and traditions that will unite them into a more closely knit entity known as the nation. Territory-fixed portion of the surface of the earth, inhabited by the people of the state. The territory must not be too small as to be unable to provide for the needs of the people; nor should it be too large as to be difficult to administer. The territory can extend to over a vast expanse, like China or Russia, or be as small as Abu Dhabi.

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THE SUPREMACY OF THE CONSTITUTION The Constitution is the most basic and most paramount law to which all other laws must conform and to which all persons including the higher officials of the land must defer. No act shall be valid however noble its intentions if it is in conflict with the Constitution. The Constitution must reign supreme. Concept of State --A community of persons, more or less numerous, permanently occupying a fixed territory and possessed of an independent government organised for political ends to which the great body of inhabitants render habitual obedience. State, as distinguished from nation
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COMPONENTS OF TERRITORY a. b. c. 3. a. b. terrestrial domain-the land mass maritime or fluvial domain-inland and external waters aerial domain- the air space above the land and water. Government- is the agency or instrumentality through which the will of the state is formulated, expressed and realised. the institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social State, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

FUNCTIONS The government performs two functionsthe constituent and the ministrant.

Philippine Political Law, Isagani Cruz, p.1

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Constituent-constitute the bonds of society. Constituent functions consist of fixing of legal relations between husband and wife, parents and children; keeping of order and providing protection from violence; regulation of the holding, transmission and interchange of property; determination of liabilities for debt or crime; determination of contractual rights between individuals; definition and punishment of crimes, administration of justice in civil cases; administration of political duties, privileges, and relations of citizens, and dealings of the state with foreign powers, preservation of state from external dangers, and the advancement of international interests. Ministrant functions-are those taken to advance the general interests of societysuch as public works, public charity, regulation of trade and industry.
Doctrine of Parens Patriae -guardian of the rights of the people under certain disabilities

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Internal- which means the supremacy of person or body of persons in the State over the individuals or association of individuals within the area of its jurisdiction; the power of the state to control its domestic affairs. External- the absolute independence of one State as a whole with reference to the other States. External sovereignty is nothing more than the freedom of the State from subjection to or control by a foreign State; that is, the supremacy State as against all foreign wills. It is also the power of the State to direct its relations with other States.

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Characteristics of a Sovereign 1. 2. 3. 4. 5. 6. 7. permanent exclusive comprehensive absolute indivisible inalienable imprescriptible

De Jure and De Facto governments A de jure government has rightful title but no power or control, because it may have been withdrawn or it has not yet actually entered into exercise. On the other hand, a de facto government is a government of factit actually exercises power or control, but has no legal title. 3. Sovereigntya. means the supreme, uncontrollable power, the absolute right to govern. b. The supreme will of the State, the power to make laws, and enforce them by all the means of coercion it cares to employ.
Laurel vs. Misa

Two kinds of Sovereign 1. 2. Legal- authority which has the power to issue final commands; the supremacy of a person; the possession of unlimited power to make laws. Political- the power behind the legal sovereign; the sum of the influences that operate upon it; the power of the people.

Since the preservation of the allegiance of the obligation of fidelity and obedience of a citizen or subject to his government or sovereign does not demand from him a positive action but only passive attitude or forbearance from adhering to the enemy by giving the latter aid and comfort, the occupant has no power, as a corollary of the preceding consideration, to repeal or suspend the operation of law of treason, essential for the preservation of the allegiance of the inhabitants to their legitimate government, or compel them to adhere and give aid and comfort to him; because it is evident that such action is not demanded by the exigiencies of the military service or not necessary for the control of the inhabitants and safety and protection of his army, and because it is tantamount to practically transferring temporarily to the occupant their allegiance to the titular government or sovereignty. Justice Felicisimo Feria

Two aspects of Sovereign

Effect of Change of Sovereignty The political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. Municipals laws remain in force. (Macariola v. Asuncion, 114 SCRA 77)

Effect of Belligerent Occupation - No change in sovereignty. However, political laws, except those of treason, are suspended; municipal laws remain in force unless changed by the belligerent occupant. pr inc ip le of jus post l imin iu At the end of the occupation, m political laws are automatically revived. (Peralta v. Director of Prisons, 75 Phil. 285)