Consti 1 1
Consti 1 Part 1
Transcribed by Kim Codilla
Political Law
Is that 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.
People of the Philippines vs Gregorio Perfecto
Facts:
1. Aug. 20, 1920 – The Secretary of the Philippine Senate,
Fernando M. Guerrero discovered that the documents
which constituted the records of testimony given by
witnesses in the investigation of oil companies has
disappeared from his office after being summoned by the
Governor General
2. Sept 7,1920 – La Nacion, edited by defendant Gregorio
Perfecto published an article regarding the scandalous
robbery of records. Stating that the robbery of records is
similar to the electoral robbery /fraud committed by the
senators
3. Sept. 9 – the senate adopted a resolution to take action on
the La Nacion’s article – tasked attorney general to study
and take action
4. Filed a case in Municipal Trial Court in Manila. In which
editorial in question alleged constituted a violation of
Article 256 of the Penal Code
5. Article 256 of that Code prescribes punishment for persons
who use insulting language about Ministers of the Crown
or other "authority."
6. MTC – found Perfecto Guilty
Issue: Whether or not article 256 of the Penal code is in force?
Whether or not article 256 is abrogated from the change to Spanish
to American sovereignty?
Held:
No, article 256 of the penal code has been repealed
"It is a general principle of the public law that on acquisition of
territory the previous political relations of the ceded region are totally
abrogated. "
Principle of Public Law
Laws or issuances that are political in nature are abrogated when
there is a change in sovereignty.
REASON for the Abrogation:
Since political law talks about the relationship between the
government and its inhabitants, when there is a change in
sovereignty there is also a change in that relationship.
The prior relationship with the Spanish government no longer exists
therefore; whatever it is that governs the inhabitants and citizens
Kimmy Codilla Part 1 | Kat Legaspi Part 2 [Cosntitutional Law 1 June 13 session]
against the government is automatically abrogated because
relationship no longer exists.
Between two individuals (governed by Civil Laws)
If they were married during the Spanish regime and here comes
another sovereignty under the American regime will that marriage be
nullified?
No, because relationship is between them. It does not partake of a
law that is political in nature.
Crime committed during the Spanish Regime
If during the Spanish regime I killed someone, it is considered as
homicide or murder (an act prohibited by the Spanish Penal Code). If
there is a change of regime and there is no declaration as to the
invalidation of the penal code will that act that I committed still
consist of murder or homicide?
The answer is yes because it does not relate to my relationship with
the government.
Criminal laws therefore, are the same as civil laws. They partake of
Municipal Laws that are deemed continued even there is a change in
sovereignty.
Criminal laws in general are deemed to be continued in force and
even when there is a change in sovereignty.
The provision, Article 256 is found in the Penal Code, it is a criminal
law which we said is usually continued. Why did the Supreme Court
abrogated the provision?
The particular provision partakes of a law that is political in nature.
So you cannot all together say that this is the penal code, it is
continued automatically.
The said provision is political in nature since it relates with a
particular office of a government, which no longer exists
Conclusion:
Political laws are abrogated when there is change in sovereignty and
these political laws may be found in criminal laws.
Consti Part 2 – 1st Day Atty. Jumao-as
Transcribed by Kat Legaspi
J: Another alleged by the judge is that name under the code
of commerce. What is that Mr. Ugdang? What’s the Provision?
J: Under the code of commerce, judges are prohibited
from what?
--Engaging in business.
 J: Under the code of commerce, which was in effect
under that time in the 1980s?
- Judges are prohibited in engaging
business. So that’s the alleged by the
prosecution. The supreme court said
however that, he is not guilty of that
violation. Why?
Ace: First maam, it is because he did not
participate in any bad motive directly for the
appellee.
J: Ok. Let’s remove the factual basis. The legal basis.
When the supreme court said that he is not guilty of that
action?
Miss Callenta. It is similar to the case of people
vs. Perfecto maam, because the code of
commerce is from the Spanish regime. So it’s
the Spanish regime code of commerce. So it is
said that political law is the one that deals with
the organization of government and the people.
So in this case, there’s a new sovereign. We
cannot apply the Spanish code of commerce
because once we have changed-----
J: Are you saying that the Spanish code of commerce
is no longer applicable? Impromptu? That code of commerce?
Yes.
J: What is the code of commerce? It deals with
commercial laws.
All laws of commerce that relates with or are
political in nature, will automatically abolish once
there is a change in sovereignty.
J: All laws, not only those of code of commerce that are
political in nature are automatically abrogated. Now in
people vs. Perfecto, it is deemed abrogated because
associated by the supreme court, it totally, in opposition,
that particular provision penalizing against an officer is
noted in opposition to the principles of the supremacy
which is what the principles is about when it comes to the
American government.
That’s why it cannot survive the current
sovereignty. You can’t debate anyone regardless of the
position, as long as it is not tantamount to the violation of
the penal code. Anyway, that’s one reason why it was
deemed as abrogated. In this case, that particular
provision prohibiting judges from engaging in business is
not contrary to democratic principles. Right? Why is it that
it is also considered as deemed abrogated?
Because political laws also deal with
the relationship of the people to the state so the
judiciary power, is a branch of government. So
the law of commerce, it states the relationship of
the people who charges those in judicial
position. So it’s still political in nature.
J: So actually this case bolsters the principles
established in perfecto. In fact, if it is political in nature, when there is
a change in sovereignty, whether that provisional law is compatible
or not with the current laws as well, it is deemed automatically
abrogated. In this case in fact, it is not compatible with democratic
principles. It can only say that judges cannot engage in business.
But what’s the problem here? There is no enactment, there is no law
provided by the current system which prohibits that. In other words,
the bottom line in conclusion is that it is political in nature. Whether
or not it is compatible with the current system or the current
relationship of the government, it is automatically abrogated. That is
the nature of political law.
J: Now, as early as now, you distinguish this subject
from your other subjects. Your civil law, your persons and family
relations, so you see from the title that it relates with persons and
family relations and on the second year, property. So Property and
relations. You distinguish this subject from criminal law which is a
definition of violation or offenses against established laws. It defines
crimes. So this is political law, we will be talking about the
government, our relationship to the government. Part of political law,
you will be learning in the subjects of political law. You have
administrative law, law on public officers and public corporation, and
election laws. So if you observe, all these laws which you will be
studying in the entire four years of your stay in law school, all relate
and deals to the relationship. Election – right to vote and right to be
voted upon. Administrative law – law of public officers. Law of public
corporations that includes local government units.
J: Now we will be focusing in constitutional law 1. So the
first question is what is a constitution, therefore? What is a
constitution? The definition of constitution is that it a body of rules
and maxims by which all of the powers of the sovereignty are fully
exercised. Rules, body of rules and maxims in which the powers of
the sovereignty are equally exercised. These are the great rules by
the sovereignty. By the one who is in power, to be your absolute rule
of action and rule of competition. That’s the general definition. It
covers both written and unwritten constitution. The Philippine
constitution in particular is a written instrument which will reach the
fundamental rules established, limited, and refined and which these
powers are distributed among the different departments for the most
safe and effective exercise for the benefit of the body. So based on
this definition, the Philippine constitution was written for the following
purposes.

1. to establish a permanent framework or system
of government. Whether we establish a democratic government,
monarchy, communist government... where do we find that rule? We
find that in the constitution, to establish a permanent system of
government.
2. for the distribution of the functions of the
government to several departments. Who enacts the law? Who
implements the law? Who determines whether or not the law has
been violated? Should we give this power to one person? Or should
we divide this into two departments or three? We can find that in the
legal constitution and lastly is to establish certain principles on which
the government is founded.
Now as far as the Philippine constitution is concerned, the
first principles include separation of powers and contrary to that is
the principle of.... this makes of what we live to be more or less
effective based on our culture. So based on this definition, the
constitution therefore, it is both a grant of power and a will of power.
Now who granted that power and who will that power? One of the
principles of the constitution is that it is or it symbolizes a monument
of the peoples’ will. What does it mean? Under our constitution,
sovereignty decides from its people and all government authority
comes from them.
The people actually offered the constitution. So when we
say, we crafted authored the constitution, it is through ratification. It
is through ratification. We approve the constitution. Meaning, we are
the authors, that is slogan once said by PNOY that – Kayo ang boss
ko! We granted that power for them. We limited that power. Where
did we put that? We put that in the constitution. So to study the
constitution, is it very important noh. In fact in your curriculum,
starting in your high school or college? So I’m sure, you’re more or
less familiar with the constitution.
Another basic principle that in this constitution is that it is
the supreme law of the land. Because it is the fundamental power, it
is the supreme law of the land. As I’ve said, it is this agreed upon by
the people to give the absolute rule, the absolute decision when it
comes to departments and offices of the government. So, anything,
any act, any law, which is in opposition of the constitution is
considered as nulled and void. If the president therefore, exceeds in
his power, he’s now writing laws, which in our constitution should not
be his function. This act is to be considered as unconstitutional.
Therefore, nulled and void. In relation to that, the constitution is
superior to any law.
No man made law, can go against the constitution.
So later on in our study, about PDAF. Is it constitutional?
PDAF is pursuant to law. A law which the congress enacted. They
have been practicing that since time in memorial. The congress can
determine when and where to spend money. Is it in his power as a
congressman? Now, no man made law is supposed to be superior
over the constitution. If this contradicts to the constitution, that law
Kimmy Codilla Part 1 | Kat Legaspi Part 2 [Cosntitutional Law 1 June 13 session]
Consti 1 3
say PDAF law will be held unconstitutional. Therefore, nulled and
void. Another principle is that, ultimately, since we have unwritten
the powers in the constitution. Who will say, who will determine,
whether or not the constitution has been complied with? It is the
Supreme Court.
So another principle to remember is that the Supreme
Court is the ultimate guardians of the constitution.
Not the municipal trial court, the regional trial court, not
the court of appeals, it is the Supreme Court. The supreme court
interprets the provisions of the constitution. Does it mean that the
supreme court is higher than the president or the congress? No. It
just means that we as a people, has allocated that power to this
court and it is merely there duty to perform or to interpret their
provisions. The constitution is what the supreme court say it is. It
depends on the interpretation of the constitution, although to
interpret the constitution we have to go back to the mindset of the
creators of the constitution. First is we have to give effect to the
intent of the creators of the constitution. So the supreme court has to
go back to that.
Now to conclude the constitution, it is generally mandatory
rather than directory.
The provisions are mandatory. Other than that, it is
considered as perspective rather than retroactive. It means that its
effects are forward. It looks forward, not backward. The acts
committed by the previous constitution are no longer affected by the
current constitution.
Another is that it is self- executing.
The provisions of the constitution, are generally self-
executing rather than not self-executing. We’ll go through all these
concepts as we go on as we study our constitution. Any constitution
for that matter are classified into several classifications. One of
which convey written or unwritten. Written are self-explanatory.
There are constitutions that are written, there are precepts that are
invalid or in one document precept of the documents.
Unwritten constitutions principles are scattered. Wherein
jurice prudence, you can find common laws, you can find them in
commentaries of authors, so they’re scattered.
Another classification is conventional .
Conventional is when it is enacted. Now there is very good
enactment of the constitution and communative is it evolves, it is
through political evolution. And another classification is rigid or
flexible. Now this refers to the amendment of the constitution. If there
is certain procedure or process to follow before the provision or
certain laws are revised, then you call them a rigid type of
constitution. Where for example, the constitution can be amended are applicable to you. The last part. The essential parts of a penal
for change by simple enactment of a law, then that is flexible. constitution.

As for the Philippine constitution, it is classified if it is IF a constitution is to be complete, the constitution of

written, it is conventional, and it is rigid as similar later on. Now since liberty, constitution of gov’t, and the constitution sovereignty.
our constitution is one that is written, what are the equalities of a Constitution of Liberty comprises of provisions which provide for the
good written constitution? Broad, Brief and is definite. civil and political rights of the citizens.

Broad means it encompasses all possible situations. It Do we have that in our constitution? Yes we have the
provides contingency. For example, is the constitution also relevant article 4, citizenship. Art. 5 on the right of suffrage and we have
to what are the new issues now? Cyber crimes. Our constitution was articles on patrimony, national patrimony and economy. And the art.
enacted in 1987. There was yet no fast evolution of internet. Does it 3 – the bill of rights. And constitutional gov’ts.
cover cyber crimes? What about gay marriage? Is it also covered in
out constitution or do we have to amend the constitution? So that it The instruction of gov’t. Do we have that in our
answers whether or not the constitution is not broad. constitution? Yes. Starts with art. 6, 7, 8, which is your legislative,
executive and judiciary. Then 9 will be your constitutional
Otherwise, a good constitution has to be broad, otherwise commissions, 10 will be your local gov’t. 11 will be your conflict of
we wil be forced to keep on amending our constitution as this issue activity for the others.
comes in. So it has to be broad. Now we take from the experience of
our history and reduce the probabilities in it. Broad. What else? Brief. Constitutional sovereignty. Sovereignty is the power. If the
Because the constitution is giving the facts, it does not provide for sovereign now is going to change the constitution, is there a
the details. The details will be provided by laws. But the constitution provision for that in the constitution? So that is your constitutional
says that the family is basic institution of the society that is a general sovereignty. And we also have that in our constitution. We will
description of family. Where are the details now situated? We have continue next meeting.
the family code which is your civil law. Part of your civil law. What
about the prosecution says? That the labor should be protected.
That’s a general statement. Now where are the details now? It is part
of the labor code. So it has to be brief, that’s why your constitution is
that thin. But if you compare that to the constitution of other
countries, our constitution is more recent. Is more wordy. Parang
ang daming nagspespeech dun. If you are going to read all the
provisions there. Another quality is, it has to be definite. Meaning
there is no ambiguity of what we wanted. If we say that the president
can only exercise his powers then, so be it. Otherwise, there will be
chaos if the president is allowed to exercise powers which are
already exercised by other departments.

So it has to be definite. So broad, brief, and definite.

Remember these three words because this should also be the
qualities of your essays. Your essay answers should also be broad.
So don’t give me an answer – Yes. It violated sec. 1 of art. 1.

It has to be broad. It should discuss more . Why do you

say that? Why not this? But it has to be definite. You only say, I
qualify answer. Or it depends.—but that’s if you’re really sure if it
depends on something. But not it depends because you’re not sure.
And definite, if you’re asked the question, is the act valid? As much
as possible, try to limit your answer in one page.

If it is in despicable and you have to say something more,

limit it up to two pages. Do not write three / four pages to one essay
question that is only 10 points. But do not also give answer that is
this short, and expect to get 10 points. So, what are the
characteristics of a good essay answer, therefore? – BRIEF.
BROAD. DEFINITE. Remember those three words because these