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Political Law Reviewer San Beda PDF
Political Law Reviewer San Beda PDF
1
MEMORY AID IN POLITICAL LAW
CONSTITUTIONAL LAW
IN GENERAL
STATE
CONSTITUTION - A community of persons, more or
- the document which serves as the less numerous, permanently occupying a
fundamental law of the state. (V. Sinco, definite portion of territory, independent
Philippine Political Law, 11th ed., p.68- of external control, and possessing a
70); that written instrument enacted by government to which a great body of the
direct action of the people by which the inhabitants render habitual obedience; a
fundamental powers of the government politically organized sovereign
are established, limited and defined, community independent of outside
and by which those powers are control bound by ties of nationhood,
distributed among the several legally supreme within its territory,
departments for their safe and useful acting through a government functioning
exercise for the benefit of the body under a regime of law. (CIR v. Campos
politic (Malcolm, Philippine Rueda, 42 SCRA 23).
Constitutional Law, p.6)
Elements:
Classification: People – inhabitants of the State, the
1. written (conventional or number of which is capable for self-
enacted) v. unwritten sufficiency and self-defense; of both
(cumulative or evolved). sexes for perpetuity.
2. rigid v. flexible Different meanings of the word
people:
The Philippine Constitution is written -People as inhabitants (Sec.1,
and rigid. (Art. XVII) Art.XIII; Secs.15 -16, Art. II;
Sec.2, Art.III);
The 1987 Constitution took effect on -People as citizens (Preamble; Secs.
February 2, 1987, the date of 1 and 4, Art. II; Sec.7, Art. III);
the plebiscite for its ratification -People as electors (Sec.4, Art. VII;
and not on the date its Sec.2, Art. XVI; Sec. 25, Art.
ratification was proclaimed. (De XVIII).
Leon v. Esguerra, 153 SCRA 602)
Territory – fixed portion of the surface
Interpretation: a doubtful provision of the earth inhabited by the people
shall be examined in the light of the of the State; see Art I.
history of the times and the
conditions and circumstances under Sovereignty – supreme and
which the Constitution was framed uncontrollable power inherent in a
(Civil Liberties Union v. Executive State by which that State is
Secretary, 194 SCRA 317). In case of governed;
doubt, the provisions should be Characteristics:
considered self-executing; a. permanent
mandatory rather directory; and b. exclusive
prospective rather than retroactive c. comprehensive
(Nachura, Reviewer in Political Law, d. absolute
p.3) e. indivisible
f. inalienable
CONSTITUTIONAL LAW g. imprescriptible
- designates the law embodied in the
Constitution and the legal principles Theory of Auto-Limitation - any
growing out of the interpretation and state may by its consent, express
application of its provisions by the courts or implied, submit to a
in specific cases (Sinco, supra, p.67) restriction of its sovereign
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
2 2005 CENTRALIZED BAR OPERATIONS
occupy a territory of the enemy Lawful Means – the means employed are
in the course of war; and reasonably necessary for the
accomplishment of the purpose, and
Independent government – not unduly oppressive on individuals;
established by the inhabitants of When exercised by a delegate:
the country who rise in express grant by law;
insurrection against the parent within territorial limits – for LGUs
state (Ko Kim Cham v. Valdez except when exercised to
Tan Keh, 75 Phil. 113). protect water supply; and
must not be contrary to law.
Functions:
constituent – compulsory because II . POWER OF EMINENT DOMAIN
constitutive of the very bonds of - power of State to forcibly take
society; private property for public use upon
ministrant – undertaken to advance payment of just compensation
general interest of society (Bacani v.
NACOCO, 100 Phil. 468); merely Basis: necessity of the property for
optional. public use.
DISTINCTIONS
Limitations:
Article VI : LEGISLATIVE 1. power of local initiative shall not be
DEPARTMENT exercised more than once a year;
2. initiatives shall extend only to
I. LEGISLATIVE POWER subjects or matters which are within
1. power to propose, enact, amend and the legal powers of the local
repeal laws. legislative bodies to enact;
2. Vested in Congress, except to the 3. if at anytime before the initiative is
extent reserved to the people by held, the local legislative body shall
provision on initiative and adopt in toto the proposition
referendum. presented, the initiative shall be
cancelled.
The People’s Participation in the
Government Consist of: Limitation on Local Legislative Body
vis-a-vis Local Initiative:
1. Suffrage - Any proposition or ordinance
approved through an initiative and
2. Plebiscite referendum shall not be repealed,
a. Ratifying the Constitution modified or amended by the sanggunian
[Sec.27, Art. XVIII]; within 6 months from the date of
b. Approving any amendment approval thereof, and may be amended ,
thereto [Sec.4, Art.XVII]; modified or repealed within 3 years
c. Approving any changes in thereafter by a vote of ¾ of all its
boundaries of LGUs, members. In case of barangays, the
mergers, divisions, or period shall be 18 months after approval.
abolitions of LGUs [Sec.10, (Sec. 125, RA 7160)
Art.X];
d. Creating metropolitan Indirect Initiative – exercise of initiative
authorities [Sec.11, Art.X]; by the people through a proposition sent
e. Creating autonomous regions to Congress or the local legislative body
[Sec.18, Art.X]. for action.
9. BUDGETARY POWER (SEC. 22, ART. g. immunity from suit during his
VII) tenure
within 30 days from opening of - deemed implied in the
Constitution (Bernas, The
every regular session, President
1987 Constitution, A
shall submit to Congress a
Commentary 2003 Ed., p
budget of expenditures and
803)
sources of financing, including
receipts from existing and
- the immunity does not
proposed revenue measures.
however extend to non-
official acts or for wrong
10. INFORMING POWER (SEC. 23, ART.
doing (Estrada vs. Desierto,
VI)
G. R. Nos. 146710-15, March
President shall address Congress 2, 2001)
at the opening of its regular
session. President may also h. by delegation from Congress,
appear before it at any other exercise emergency [Sec. 23 (2),
time. Art. VI] and tariff powers [Sec.
28 (2), Art. VI].
11. RESIDUAL POWER
Conditions for the Exercise of the 6. Members of judiciary enjoy security
President of Emergency Powers: of tenure;
1. there must be a war or national 7. Members of judiciary may not be
emergency; designated to any agency performing
2. there must be a law authorizing quasi-judicial or administrative
President to exercise emergency functions;
powers; 8. Salaries of judges may not be
3. exercise must be for a limited reduced; judiciary enjoys fiscal
period; autonomy;
4. must be subject to restrictions that 9. SC alone may initiate Rules of Court;
Congress may provide; and 10. SC alone may order temporary detail
5. exercise must be necessary and of judges; and
proper to carry out a declared 11. SC can appoint all officials and
national policy [Sec.23 (2), Art.VI]. employees of the Judiciary (Nachura,
Reviewer in Political Law, p. 199-
200).
Article VIII:
JUDICIAL DEPARTMENT II. APPOINTMENT TO THE JUDICIARY:
Submission of piece-meal
amendments is unconstitutional. All
the amendments must be submitted
for ratification at one plebiscite
only. The people have to be given a
proper frame of reference in arriving
at their decision. They have no idea
yet of what the rest of the amended
constitution would be. (Tolentino v.
Comelec, G.R. No. L-34150. October
16, 1971).
Questions as to amendments are now
subject to Judicial review. (Sanidad
v. Comelec, 78 SCRA 332)
ADMINISTRATIVE LAW
2. Interpretative legislation, e.g.
ADMINISTRATIVE LAW BIR Circulars
- Branch of public law that fixes the
organization of the government and Requisites for valid exercise:
determines competence of authorities 1. Issued under authority of law;
who execute the law and indicates to
the individual remedies for the violations
of his rights. 2. Within the scope and purview of the
law;
I. ADMINISTRATIVE BODIES OR AGENCIES 3. Promulgated in accordance with the
prescribed procedure:
- A body, other than the courts and a. notice and hearing – generally,
the legislature, endowed with quasi- not required; only when:
legislative and quasi-judicial powers for i. the legislature itself requires
the purpose of enabling it to carry out it and mandates that the
laws entrusted to it for enforcement or regulation shall be based on
execution. certain facts as determined
at an appropriate
How Created: investigation;
1. by constitutional provision; ii. the regulation is a
2. by legislative enactment; and settlement of a controversy
3. by authority of law. between specific parties;
considered as an
II. POWERS OF ADMINISTRATIVE administrative adjudication
BODIES: (Cruz, Philippine
1.Quasi-legislative or rule-making Administrative Law, p.42 -
power; 43); or
2.Quasi-judicial or adjudicatory power; iii. the administrative rule is in
and the nature of subordinate
3.Determinative powers. legislation designed to
implement a law by
A. QUASI-LEGISLATIVE OR RULE- providing its details (CIR v.
MAKING POWER Court of Appeals, 261 SCRA
In exercise of delegated legislative 236).
power, involving no discretion as to b. publication
what law shall be, but merely 4. Reasonable
authority to fix details in execution
or enforcement of a policy set out in Requisites for Validity of Administrative
law itself. Rules With Penal Sanctions:
Kinds: 1. law itself must declare as punishable
1. Legislative regulation the violation of administrative rule
a. Supplementary or detailed or regulation;
legislation, e.g. Rules and 2. law should define or fix penalty
Regulations Implementing therefor; and
the Labor Code; 3. rule/regulation must be published.
b. Contingent regulation
Doctrine of Subordinate Legislation –
power of administrative agency to
promulgate rules and regulations on 1. right to a hearing;
matters of their own specialization. 2. tribunal must consider evidence
presented;
Doctrine of Legislative Approval by Re- 3. decision must have something to
enactment - the rules and regulations support itself;
promulgated by the proper 4. evidence must be substantial;
administrative agency implementing the 5. decision must be based on evidence
law are deemed confirmed and approved adduced at hearing or at least
by the Legislature when said law was re- contained in the record and
enacted by later legislation or through disclosed to parties;
codification. The Legislature is presumed 6. board of judges must act on its
to have full knowledge of the contents of independent consideration of facts
the regulations then at the time of re- and law of the case, and not simply
enactment. accept view of subordinate in
arriving at a decision; and
QUASI- QUASI- 7. decision must be rendered in such a
LEGISLATIVE JUDICIAL manner that parties to controversy
FUNCTIONS FUNCTIONS can know various issues involved and
reason for decision rendered.(Ang
1. consists of 1. refers to its end Tibay vs CIR, 69 Phil 635)
issuance of rules product called
and regulations order, reward Substantial Evidence – relevant
or decision evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a conclusion.
applicability specific
situation Administrative Determinations Where
Notice and Hearing Not Necessary:
3. prospective; it 3. present
1. summary proceedings of distraint
envisages the determination
promulgation of of rights, and levy upon property of delinquent
a rule or privileges or taxpayer;
regulation duties as of 2. grant of provisional authority for
generally previous or increase of rates, or to engage in
applicable in the present time or particular line of business;
future occurrence 3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
B. QUASI-JUDICIAL OR ADJUDICATORY property;
POWER 5. preventive suspension of officer or
Proceedings partake of nature of employee pending investigation; and
judicial proceedings. 6. grant or revocation of licenses for
Administrative body granted permits to operate certain
authority to promulgate its own businesses affecting public order or
rules of procedure. morals.
General Rule: not liable for injuries Under the Revised Admin. Code of
sustained by another as a consequence
1987, A Superior Officer shall be
of official acts done within the scope of
liable for acts of subordinate officers
his authority, except as otherwise
only if he has actually authorized be
provided by law.
written order the specific act or
A Public Officer shall not be civilly misconduct complained.
liable for acts done in the Subordinate officers are also liable
performance of his duties for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
Exceptions: policy and good customs
ELECTION LAW
San Beda College of Law
69
MEMORY AID IN POLITICAL LAW
Party System – a free and open party d. it is receiving support from any
system shall be allowed to evolve foreign government, foreign
according to free choice of people. political party, foundation,
no votes cast in favor of political organization, whether directly or
party, organization or coalition through any of its officers or
shall be valid except for those members or indirectly through
registered under the party-list third parties for partisan
system provided in the election purposes;
Constitution; e. it violates or fails to comply with
laws, rules or regulation relating
political parties registered under to elections;
party-list system shall be f. it declares untruthful statements
entitled to appoint poll watchers in its petition;
in accordance with law; and g. it has ceased to exist for at least
part-list representatives shall one (1) year; or
constitute 20% of total number h. it fails to participate in the last
of representatives in the House. two (2) preceding elections or
fails to obtain at least two per
Guidelines for screening party-list centum (2%) of the votes cast
participants under the party-list system in
1. The political party, sector, two (2) preceding elections for
organization or coalition must the constituency in which it has
represent the marginalized and registered.
underrepresented groups identified 5. the party or organization must not
in Sec. 5 of RA 7941. Majority of its be an adjunct of, or a project
member-ship should belong to the organized or an entity funded or
marginalized and underrepresented; assisted by, the government.
2. While even major political parties 6. the party, including its nominees
are expressly allowed by RA 7941 and must comply with the qualification
the Constitution, they must comply requirements of section 9, RA 7941
with the declared statutory policy of as follows: “No person shall be
“Filipino citizens belonging to nominated as party-list
marginalized and under-represented representative unless he is: (a)
sectors to be elected to the House of natural-born citizen of the
Representatives”. Thus, they must Philippines; (b) a registered voter;
show that they represent the (c) a resident of the Philippines for a
interest of the marginalized and period of not less than one year
underrepresented. immediately preceding the day of
3. That religious sector may not be the election; (d) able to read and
represented in the party-list system; write; (e) a bona fide member of the
except that priests, imam or pastors party or organization which he seeks
may be elected should they to represent for at least 90 days
represent not their religious sect but preceding the day of the election;
the indigenous community sector; and (f) at least 25 years of age on
4. A party or an organization must not the day of the election. In case of a
be disqualified under Sec. 6, RA 7941 nominee of the youth sector, he must
as follows: at least be twenty five (25) but not
a. it is a religious sect or more than thirty (30) years of age on
denomination, organization or the day of the election. Any youth
association organized for sectoral representative who attains
religious purposes; the age of thirty (30) during his term
b. it advocates violence or unlawful shall be allowed to continue in office
means to seek its goals; until the expiration of his terms”;
c. it is a foreign party or
organization;
attach immediately as their acts may not - surrender of a fugitive by one state
be effectively prevented or reversed to another where he is wanted for
under the constitution or laws of the prosecution or, if already convicted, for
state. punishment. Surrender is made at
request of latter state on basis of
Indirect State Responsibility – where extradition treaty.
the offense is committed by inferior
government official or by private General Principles:
individuals, the state will be held liable 1. Based on consent expressed through
only if, by reason of its indifference in treaties
preventing or punishing it, it can be 2. SPECIALTY- a fugitive who is
considered to have connived in effect in extradited may be tried only for the
its commission. crime specified in the request for
extradition and included in the list
International Standard of Justice – the of offenses in the treaty.
standard of the reasonable state that is, 3. NON-LIST TYPE OF TREATY- offenses
as referring to the ordinary norms of punishable under the laws of both
official conduct observed in civilized states by imprisonment of one year
jurisdiction; thus, to constitute an or more are included among the
international delinquency, the treatment extraditable offenses.
of an alien should amount to an outrage, 4. Any person may be extradited; he
bad faith, willful neglect of duty, and need not be a citizen of the
insufficiency of governmental action that requesting State
every reasonable and impartial man 5. Political or religious offenders are
would readily recognize its insufficiency. generally not subject to extradition
Hon. Purganan and Mark Jimenez G.R. Retorsion – retaliation where acts
No. G.R. No. 148571. September 24, complained of do not constitute legal
2002) ground of offense but are rather in
nature of unfriendly acts done in
VIII . INTERNATIONAL DISPUTE pursuance of legitimate state interest
actual disagreement between states but indirectly hurtful to other states.
regarding conduct to be taken by
one of them for protection or Reprisal – unlawful acts taken by one
vindication of interest of other. state in retaliation for also unlawful acts
Art. 33 of the UN Charter provides of another state, purpose being to bring
that the parties to any dispute shall offending state to terms. Includes:
first seek a solution through pacific 1. Display of force;
or amicable methods 2. Pacific blockade;
3. Occupation of territory; and
Amicable Methods of Settling Disputes: 4. Suspension of treaties;
(JC MARGEN) 5. Embargo – detention by state
1. Negotiation seeking redress of vessels of
2. Enquiry offending state or its nationals,
3. Tender of Good offices whether such vessels are found
4. Mediation in territory of former or in the
5. Conciliation highseas.
6. Arbitration
7. Judicial settlement; and X. WAR
8. Resort to regional and international armed contention between
organizations. public forces of states or other
belligerent communities implying
Hostile methods: (SIR2) employment of force between
1. Severance of dipomatic relations; parties for purpose of imposing
2. Intervention; their respective demands upon
3. Reprisal; each other.
4. Retorsion.
Basic Principles of War:
Intervention – act by which state 1. Principle of Military necessity –
interferes with domestic or foreign belligerents may employ any amount
affairs of another state through the use and kind of force to compel
of force or threat of force. complete submission of enemy with
least possible loss of lives, time and
When Intervention is Sanctioned: money;
1. as an act of self-defense; 2. Principle of Humanity – prohibits
2. when decreed by the Security use of any measure that is not
Council as a preventive or absolutely necessary for purposes of
enforcement action for the war; and
maintenance of international peace 3. Principle of Chivalry – basis of such
and security; rules as those that require
3. when such action is agreed upon in a belligerents to give proper warning
treaty; or before launching a bombardment or
4. when requested from fellow states prohibit use of perfidy (treachery) in
or from the United Nations by the conduct of hostilities.
parties to a dispute or a state beset
by rebellion. Participants in War:
1. Combatants
Drago Doctrine – intervention not a. non-privileged;
allowed for purpose of making state pay b. privileged.
its public debts. 2. Spies;
3. Mercenaries.
NEUTRALITY NEUTRALIZATION