Lecture Outline

POLITICAL LAW REVIEW

(Prof. Rex M. Alobba)

GENERAL CONSIDERATIONS
I. Concept of Political Law
That branch of public law which deals with the organization and operation of
the governmental organs of the state and defines the relations of the State with
the inhabitants of its territory. (People vs. Perfecto; Macariola vs. Asuncion)
1. Elements of the Definition

a. Public Law also called public act or public statute: a law or statute of a
general character that applies to the people of a whole state or nation
(Dictionary of Law, James E. Clapp), e.g. constitutional law, criminal law
and administrative law.

b. Deals with the organization and operation of government

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Constitutional provisions on the various departments including

Articles VI (Legislative), VII (Executive), VIII (Judiciary), IX
(Constitutional Commissions), X (Local Government)

Laws on public administration including the Revised Administrative

Code, Local Government Code, Law on Public Officers and Election
Laws.

c. Defines the Relationship between the State and the inhabitants

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The state in the exercise of police power, power of eminent domain

and the power of taxation interferes with individual rights of its
inhabitants.

The guarantees under the constitution against states arbitrary use

of inherent powers are found in the Bill of Rights of the 1987
Constitution (III) including the Due Process Clause, Equal Protection
Clause and the Non-Impairment of Obligation Clause;

Constitutional provisions defining the relationship of the state and

its inhabitants are primarily found in Article III (Bill of Rights), IV
(Citizenship), V (Suffrage) and to a certain extent in Article II
(Declaration of Principles)

II. Nature of Political Laws

The nature of political law regulating the relationship between government and
its inhabitants changes when there is a change in the sovereignty.
1. When there is a change in sovereign, political laws are automatically
abrogated, unless they are expressly enacted by affirmative act of the new
sovereign (Macariola v. Asuncion)

2. However, there being no change in sovereignty during a belligerent

occupation, the political laws of the occupied territory are merely
suspended, subject to revival upon the end of the occupation. Laws which
are not in the nature of political laws are deemed continued unless changed
or amended by the belligerent occupant since they are intended to the
relationship of individuals among themselves and are not generally affected
by changes in regimes or rulers.
This general rule does not apply to the following:
2.a Suspension of political laws does not bind enemies but affects only
civilians. (Ruffy vs. Chief of Staff)
2.b Suspension of political law does not apply to crimes which are political
in nature, e.g. treason and espionage. (Laurel v. Misa)

III. Constitutional Law as Primary Source

1. 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. (Sinco, Phil. Political Law, 1962)
2. Sources of the 1987 Constitution
The provisions of the 1987 Constitution evolved from two (2) primary sources:
2.a Treaties and Organic Acts
2.b Prior Constitutions of the Philippines
TREATIES AND ORGANIC ACTS
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Treaty of Paris, April 1899, Spain relinquished sovereignty over the

Philippine Islands

Treaty of Washington, November 1900 and the Treaty between U.S.

and Britain, January 1930 where additional territories were ceded to
the U.S. as part of the Philippine territory.

Mckinleys Instructions to the 2nd Phil. Commission (1900) setting

up a divided civil and military government under the U.S. President
as commander-in-chief; extended to Filipinos the Bill of Rights of the
U.S. Const., except right to bear arms and trial by jury.

Spooner Amendment (1901) which

government under the U.S. Congress.

Philippine Bill of 1902 which created two (2) houses of Congress

the upper house (Philippine Commission) composed of Americans
and the lower house (Phil. Assembly) composed of Filipinos; defined
who are the citizens of the Philippines as all inhabitants of the Phil.
Islands who were subjects of Spain as of April 11, 1899 who
continued to reside therein and the children born subsequent
thereto.

established

fully

civil

Jones Law or the Philippine Autonomy Act (1916) established s

government of three (3) branches, executive, legislative and judiciary
with real separation of powers. The legislative department consists of
a Senate and House of representatives composed of Filipinos.

Freedom Constitution of 1986 which was made the basis for

governance during the interim period from the ouster of Ferdinand
Marcos until the ratification of the 1987 Constitution on February 2,
1987.

Philippine Constitutions
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The 1935 or Commonwealth Constitution which took effect on

November 15, 1935. It is the product of the Tydings Mcduffie Law of
the U.S. Congress which called for the adoption of a constitution for
an independent Philippines.

The 1973 or Marcos Constitution which took effect on January 17,

1973 which established a unicameral legislature called Batasan
Pambansa.

The 1987 Constitution which took effect on February 2, 1987. Its

outstanding features include:
a. The provisions of 1935 Const. particularly these pertaining to
the legislative and executive departments were restored due to
revival of a bicameral legislature;
b. The independence of the judiciary was strengthened by its
expanded jurisdiction to acquire jurisdiction over acts of the
other departments to determine whether there is grave abuse of
discretion;
c. Provisions of the 1973 Const. on Constitutional Commission
and Local Government were retained.
d. The Bill of Rights has been considerably improved and bolstered
by the creation of a Commission on Human Rights. (Phil
Political Law, Isagani Cruz, 1996 Ed.)

NATIONAL TERRITORY
I. Concept of Territory
Territory is the fixed portion of the surface of the earth inhabited by the people
of the State. Its components are the terrestrial domain, maritime and fluvial
domain, and aerial domain. (Cruz, Phil. Pol. Law, 1996 Edition)
II. National Territory of the Philippines
Article I of the 1987 Constitution substantially provides that the national
territory comprises the Philippine Archipelago and all other territories over which
the Philippines has sovereignty or jurisdiction. The waters around, between and
connecting the islands of the archipelago, regardless of their breadth and
dimensions form part of the internal waters of the Philippines.

1. Components of the Phil. Territory

1.a. Philippine Archipelago as determined by Article 3 of the Treaty of Paris
which provides the technical description of the extent of territory ceded to
the U.S.; Treaty of Washington which ceded the islands of Cagayan, Sibuto
and Sulu; treaty between U.S. and Britain (1930) which ceded to the U.S.
the Turtle and Mangsee Islands.
1.b. Other Territories
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Claim over the Kalayaan Group of Islands on the basis of historic

right and legal title under Pres. Decree No. 1596, June 1978;

Sabah North Borneo

North Marianas Group of Islands

*The claims were made by reason of history, indispensable need and

effective occupation and control established in accordance with
international law.
1.c. The territorial sea, the sea bed, the subsoil, the insular shelves and
submarine area, including land submerged underwater which may extend
beyond 12 miles as long as it is not more than 300 feet deep, known as
intercontinental shelf.
2. Territorial Limits
2.a. The Archipelago Doctrine/Regime of Islands [Article 121 of the UN
Convention of the Law of the Seas, (UNCLOS)]
States where territory is composed of islands surrounded by waters are
viewed as a untiy of islands and considered as one integrated unit.
2.b. Methods of Determining Baselines
The determination of baselines is important in determining the extent of
the territorial sea [within the 12-mile limit) and the extent of the Exclusive
Economic Zone (EEZ) under the UNCLOS].
2.b.1. RA 3046 as amended by RA No. 5446, and further amended by RA
9522 effective March 10, 2009
The baselines from which the territorial sea of the Philippines is
determined, consists of straight lines joining the appropriate points of the
outermost islands of the archipelago. Section 1 of RA 9522 identifies the
appropriate points of the outermost islands of the archipelago.
3. Exclusive Economic Zone
The UNCLOS recognized the EEZ which shall not extend beyond 200
nautical miles from the baselines. In cases where the outer limits of the
EEZ overlaps with the EEZ of a neighboring state, the common
boundaries shall be determined by agreement among the states in
accordance with principles of international law.

3.a. Purposes of the EEZ

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Right to explore, exploit, conserve and manage natural resources of

the zone

Exclusive rights and jurisdiction with respect to the establishment

and utilization of artificial islands, off-shore terminals, installation
and structures and the preservation of the marine environment.

3.b. Right of other States over the EEZ

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Use the zone for navigation and overflight

Laying of submarine cables and pipelines

Other lawful uses related to navigation and communication.

SOVEREIGN IMMUNITY

I. CONCEPT OF STATE IMMUNITY

Sovereign immunity is the traditional immunity of the government itself from any
suit at all-derived from the notion that the king can do no wrong. (James E. Clapp,
Dictionary of the Law)
It is an international law principle which is founded on the positivist theory that
there can be no legal right as against the authority that makes the law on which the
right depends. (Kawanakoa vs. Polybank, 206 U.S. 349) and on the practical theory that
if the state is amenable to suits, all its time would be spent defending itself from the
suits, preventing it from performing its other vital functions. (Republic vs. Villasor, 54
SCRA 83).
II. Constitutional Basis
Article XVI, Sec. 3 of the 1987 Constitution provides the State may not be sued
without its consent.
1. Elements of the Provision:
1.a. State
1.b. Suit
1.c. Consent
State when the provision refers to the State it includes both the host state
and foreign states. As such sovereign immunity is likewise available to foreign
states in so far as they are sought to be sued in the courts of the local state.
Under the doctrine of sovereign equality of states, a state cannot assert
jurisdiction over another. (Par en parem non habet imperium)
Suit
When is a suit considered as a suit against the state?

State immunity, as a matter of defense, may only be invoked if the state

is considered the real party in interest. State is the real party in interest as
defendant in a suit if it produces adverse consequences to the public treasury
in terms of the need to appropriate funds or property to satisfy the judgment.
Thus:
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When a public officer is sued for damages in the performance of

official duties and the judgment if the claim is allowed would need
appropriation of public funds, this is considered as suit against the
state. (Garcia vs. Chief of Staff, 16 SCRA 120).

However, when the suit is to compel a public officer to perform a

ministerial duty to pay the plaintiff with amounts already
appropriated, this is no longer a suit against the state because there
is no more need to appropriate funds for the purpose. (Del Mar v.
PVA, 51 SCRA 340)

When the case clearly indicates that the public official is sued in his
personal capacity/or for acts beyond his authority, the suit is not
against the state. (Festejo v. Fernando, 50 OG 1556)

Consent
Sovereign immunity may be waived by the state. Thus, giving its consent
to be sued either expressly or impliedly. Expressly, thru the enactment of
general laws or special laws or impliedly, when the government into business
contracts or for reasons of equity.
General laws granting consent to be sued include:
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Money claims arising from contract under Act No. 3048, CA 327, Art.
IX-A Sec. 7, 1987 Const. Must be filed with COA which has 60 days
within which to act. Once a decision is made, claimant has 30 days to
appeal by certiorari to the CA.

Article 2180 of the Civil code which allows complainants to sue the
state for quasi-delicts committed by special agents.

Incorporation of Government Owned and Controlled Corporation

granting it a separate personality from the national government.

Local Government Code (RA 7160) which grants local government

units the power to sue and be sued.

Special laws granting a particular person/entity to sue government

agencies may be granted by congress thru a resolution.
Implied consent to be sued may be given by the state when it enters into
business contracts in the performance of its commercial and proprietary
functions. However, when it performs governmental functions (juri imperii) and
enters into contract in connection therewith, there is no waiver of sovereign
immunity. (USA vs. Ruiz, 136 SCRA 487)

Implied consent is likewise granted when the government initiates the

filing of a complaint, thus opening itself to counterclaims by the defendant.
Finally, when it would be inequitable for the state to invoke its immunity
for violating the rights of individuals. (Amigable vs.cuenca, 43 SCRA 360;
Vigilar vs. Arnulfo Aquino (G.R. No. 180388, Jan. 18, 2011)
2. Scope of Consent
The mere fact that the state is suable does not mean that it is liable, or
to put in another way, waiver of immunity does not mean concession of
liability. (Cruz, Phil. Pol. Law, 1996 Ed. P. 46)
Assuming for the sake of argument that complainant wins the case
against the state, the extent of consent granted by the state is only until the
finality of judgment. Execution of the judgment may not be done thru the
ordinary means of satisfying the award because public funds or property
cannot be garnished or levied upon just like any private property. (Phil Video,
Inc. vs TESDA, G. R. No. 155504, June 26, 2009).
The victorious claimant against the government must wait until the
funds to satisfy the award are appropriated by the pertinent legislative body.