Political Law – fundamentally derived from American jurisprudence

• Define Political Law?

• Branch of Public Law – matters affecting the state, act of state agencies, protection of state interest
• Provides for organization and operation of gov’t organs of the State
• Defines relations of State with its inhabitants
• Cases:
• People v. Perfecto, 43 Phil 887
-Facts: Aug 20, 1920
Fernando Guerrero, Secretary of PH senate, documents missing, investigation of oil companies
Newspaper, La Nacion, by Gregorio Perfecto published, article against senate, robbery planned, reflects
senators who won by electoral robbery
PH senate, resolution, to file a case, thru the attorney-general, against La Nacion and Mr. Perfecto
-Issue: w/n art 265 of Spanish penal code is still in effect with the question of stare decisis principle in
the case of US v. Helbig
Perfecto was found guilty, municipal court and court of first instance manila
Ruling of SC: reversed, Philippine having freed from the Spaniards, political relations of the Spain and
Philippines no longer in effect.
Separate opinions, araullo, art 256 repealed by libel law. Romualdez, 256 still in effect but repealed as to
accusation against perfecto
• Macariola v. Asuncion, A.M. No. 133-J, May 31, 1982
-facts Oct 28, 1968
Siblings of Macariola filed a case against her by acquiring the properties of their deceased father,
Francisco Reyes
Mrs. Macariola’s contention, only legitimate child of deceased, no properties acquired during 2 nd
marriage
The case was decided by the court of first instance ruled by judge Asuncion and divided the properties
according to the new civil code.
Macariola filed a case against Asuncion by buying one of the partitioned properties
-Issue: w/n judge Asuncion violated the New Civil Code by buying and participating in the trading
business that took part of the said sale of the partitioned properties
Court of first instance, denied, with the authority from secretary of justice Juan Ponce Enrile
CA held no merit as to the petition of Macariola, only during the litigation prohibited, bought not
directly, property no longer subject to litigation
Ruling of SC: WHEREFORE, THE RESPONDENT ASSOCIATE JUSTICE OF THE COURT OF APPEALS IS HEREBY
REMINDED TO BE MORE DISCREET IN HIS PRIVATE AND BUSINESS ACTIVITIES.
Judge Asuncion is not guilty of the contentions of the complainant but rather advised to be more
discreet in his private activities.
 • Divisions:
• Constitutional Law – fundamental powers of the state, governs the future
• Administrative Law – operations of the govt
• Law on Municipal Corporations & Local Government
• Election Laws
Constitution
• What is Constitutional Law?
• Study of
• Maintenance of the proper balance between authority
• Authority = 3 inherent powers
Legislation to congress, execution to the executive, settlement of legal controversies to the
judiciary
• Liberties guaranteed by the Bill of Rights
• What is a Constitution? What is its purpose? – supreme written law of the land, limits government power
• Written (embodied in one document) vs.
Unwritten Constitutions (scattered in various sources)
• Conventional (process of debate and deliberation) vs.
Cumulative (developed as a part of the history of a particular nation), also known as evolved
• Rigid (amended only by formal/difficult process) vs.
Flexible (can be changed by ordinary legislation)
• Qualities of a Good Constitution?
• Broad – comprehensive; provides for every contingency
• Brief – Basic Principles; flexible to change
• Definite – No Ambiguity
• Essential Parts of a Constitution
• Constitution of Liberty
• Fundamental civil and political rights of citizens
• Limitations on gov’t powers
• Constitution of Government
• Organization of Gov’t
• Allocation of powers
• Defining the electorate
• Constitution of Sovereignty
• Formal procedure for changes
 • Philippine Constitution
• Written document
• Enacted by direct action of the people
• By which the fundamental powers of government are:
• Established
• Limited
• Defined
• By which those powers are distributed among several departments
• For their safe and useful exercise
• For the benefit of the body politic.
Constitutional Construction
• Verba Legis
• The written word prevails
• Common usage
• Only when clear and unequivocal
• Ratio Legis Et Anima Legis
• Intent of the Framers
• Ut Magis Valeat Quam Pereat
• Interpreted as a whole
• Cases:
• Francisco v. House of Represenatives, G.R.No. 160261, Nov. 10, 2003.
-Facts, Ernesto Francisco Jr.
2003, former pres Estrada filed impeachment complaint against CJ Davide and seven assoc justices
Francisco, member of IBP, filed, unconstitutional impeachment
Various petitioners, in their own capacity files the same petition regarding the unconstitutional
impeachment
SC asked for consolidation of petitions
Senate, petitions, premature, no basis in law
Issues:
a) locus standi of petitioners; doesn’t require direct interest unlike in civil actions
b) ripeness(prematurity; mootness); neither the House of Representatives nor the Senate is clothed with
the power to rule with definitiveness on the issue of constitutionality
c) political question/justiciability;
 d) House's "exclusive" power to initiate all cases of impeachment;
e) Senate's "sole" power to try and decide all cases of impeachment;
f) constitutionality of the House Rules on Impeachment vis-a-vis Section 3(5) of Article XI of the
Constitution; and
g) judicial restraint (Italics in the original)
- ruling –
WHEREFORE, Sections 16 and 17 of Rule V of the Rules of Procedure in Impeachment Proceedings which
were approved by the House of Representatives on November 28, 2001 are unconstitutional.
Consequently, the second impeachment complaint against Chief Justice Hilario G. Davide, Jr. which was
filed by Representatives Gilberto C. Teodoro, Jr. and Felix William B. Fuentebella with the Office of the
Secretary General of the House of Representatives on October 23, 2003 is barred under paragraph 5,
section 3 of Article XI of the Constitution.
Ratio: In cases of conflict, the judicial department is the only constitutional organ which can be called
upon to determine the proper allocation of powers between the several departments and among the
integral or constituent units thereof.
the judiciary is the final arbiter on the question whether or not a branch of government or any of its
officials has acted without jurisdiction or in excess of jurisdiction, or so capriciously as to constitute an
abuse of discretion amounting to excess of jurisdiction or lack of jurisdiction
Congress merely initiates, still within the power of judicial review
No express provision as to the review of impeachement but the constitution must be taken as a whole
• Civil Liberties Union v. Executive Secretary, G.R.No. 83896, Feb. 22, 1991
-facts, CLU petitioned against the EO 284 issued by former president Corazon Aquino
The petitioners contention, the said EO is unconstitutional in contravention of Article VII of the 1987
Constitution. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment
during their tenure
ISSUE: Whether or not EO 284 is unconstitutional
HELD: Yes. EO 284 is UNCONSTITUTIONAL.
EO 284 actually allows them to hold multiple offices or employment which is a direct contravention of
the express mandate of Article VII, Section 13 of the 1987 Constitution
• Doctrine of Constitutional Supremacy
If a law violates any norm of the constitution, that law is null and void; it has no effect (but wholly)
• Self-executing vs. Non-self executing
• General Rule: Self-Executing
• Exception: Non-Self Executing
• Art. II, 1987 Const.
• Cases:
• Gamboa v. Teves, G.R.No. 176579, June 28, 2011
-facts Petitioner Heirs of Wilson Gamboa
 Filed a petition regarding the full acquisition of the Corp PTIC by First Pacific that is foreign owned corp.
He contended that the sale will result in 64% foreign ownership
Facts: The sale would result in 51.56% ownership
The respondents argue that the capital term refers to the total outstanding capital which makes the
post-sale ownership 80% Filipino
ISSUE: what does capital in the constitution means
First decision: Only voting shares constitute capital
Final decision: the petition is partly granted and rule that the term capital in the constitution refers only
to shares of stock entitled to vote in the election of directors.
• Manila Prince Hotel v. GSIS, G.R.No. 122156, Feb. 3, 1997
-facts, MPH, a Filipino Corp bids lower than Renong Berhard, a Malaysian Corp, in buying the stake of
GSIS in a public auction
Before the awarding, MPH matched the bid of Renong Berhard
MPH asked SC to allow them to buy the said stake, and invoked the Filipino first policy
Issue: Whether the said Filipino First Policy in the constitution self-executing
Ruling: The provisions of the Consti is self executing as a general rule, and the said stake should be
awarded to MPH
• Pamatong v. COMELEC, G.R.No. 161872, April 13, 2004
• Tanada v. Angara, G.R.No. 118295, May 2, 1997
Past Philippine Constitution
• Malolos Constitution ( 1899)
• U.S. Organic Acts
• Phil. Bill of 1902
• Jones Law (1916)
• Tydings-McDuffie Act (1934)
• 1935 Constitution
• 1973 Constitution
• 1987 Constitution