POLITICAL LAW REVIEWER

2013 Bar Examinations PART 1

Reynaldo G. Paris

Definition, Nature and Concepts

The CONSTITUTION

 The document which serves fundamental law of the state.

as

the

That written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.

PARTS Constitution of Liberty

The CONSTITUTION

The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights.

PARTS Constitution of Government

The CONSTITUTION

The series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate.

PARTS Constitution of Sovereignty

The CONSTITUTION

The provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about.

Amendments and Revisions

The CONSTITUTION

Amendments

The CONSTITUTION

Isolated or piece-meal change only

Required Steps In The Amendatory Process

A. Proposal. It may come from:

1. Congress, by a vote of of all its members. The choice of method of method of proposal, i.e., whether made directly by Congress or through a Constitutional Convention, is within the full discretion of the legislature. (Occena vs. COMELEC, 104 SCRA 1)

2. Constitutional Convention, which may be called into existence either by a 2/3 vote of all the members of Congress, or, if such vote is not obtained, by a majority vote of all the members of Congress with the question of whether or not to call a Convention to be resolved by the people in a plebiscite;

3. People, through the power of initiative. Through the initiative phase, the people pro pose the amendments. There is a valid proposal when a proposition has received the approval of at least 3% of the registered voters of each district and 12% of the total number of registered voters nationwide. This is followed by the referendum phase where the people vote to reject or ratify the proposal.

B. Ratification - Both amendment and revision signify change in the constitutional text. An amendment envisages of one or a few specific and isolated provisions of the Constitution. Its guidin g original intention is to improve specific parts or to add new provisions or to suppress existing ones accordingly as addition or subtraction might be demanded by existing conditions.

Revisions

The CONSTITUTION

A revamp or rewriting of the whole instrument.

In revision, the guiding intention and plan contemplate a re-examination of the entire document or an important cluster of provisions in the document to determine how and to what extent it should be altered. The end product of a revision can be an important structural change in the government or a change which affects several provisions of the Constitution.

A revision of the Constitution cannot be effected through initiative and referendum. The change authorized by Art. XVII, Sec. 2 through initiative and referendum can only be amendment. The main reason is that formulation of provisions revising the Constitution requires both cooperation and debate which can only be done through a collegial body.

Self-Executing and Non-Self-Executing Provisions

The CONSTITUTION

Self-Executing Provisions

The CONSTITUTION

One which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected.

Non-Self-Executing Provisions

The CONSTITUTION

One which lays down a general principle.

General Provisions

The CONSTITUTION

 The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum. The State may not be sued without its consent.

 The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State. All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution. The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty.

 No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government owned or controlled corporations or any of their subsidiaries.

Laws on retirement of military officers shall not allow extension of their service.
The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.

 The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

 The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.
The State shall, from time to time, review to increase the pensions and other benefits due to retirees of both the government and the private sectors.

 The State shall protect consumers from trade malpractices and from substandard or hazardous products.
The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

 The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, whollyowned and managed by such citizens. The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

 The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.

 The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.
The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.