(77 OUTLINE/REVIEWER POLITICAL LAW Soe by Antonio Eduardo B. Nachura 2016Philippine Copyright 2015 All Rights Reserved Any copy of this book without the corresponding number and signature of the author on this page either proceeds from an illegitimate source or is in the possession of one who has no authority to dispose of the same. Kap ANTONIO EDUARDO B. NACHURA no, 575304 Printed by VJ GRAPHIC ARTS, INC. 2F PDP Bidg., 1400 Quezon Avenue Quezon City, Metro Mania To my children ANNALOU, JOY, RYAN and ANDY that they may pursue their dreams of justiceACKNOWLEDGMENT In the preparation and completion of this work, J acknowledge the immense assistance, support, encouragement and inspiration of Supreme Court Justices Isagani A. Cruz and Florenz D. Regalado, Law Deans Jose R. Sundiang and Mariano Magsaiin, i my law partners, Boy, Doming and Nitoy, and my wife, Chit. To them go my heartfelt thanks. A.B. NACHURATABLE OF CONTENTS CONSTITUTIONAL LAW General Principles The Philippine Constitution The Philippines as a State The Fundamental Power of the State Principles and State Policies Bill of Rights Citizenship The Legislative Department The Executive Department ‘The Judicial Department Constitutional Commissions Local Government Accountability of Public Officers National Economy and Patrimony Social Justice and Human Rights Education, Science and Technology Arts, Culture and Sports The Fami General Provisions Transitory Provisions, | ADMINISTRATIVE LAW General Pri Powers of Administrative Bodies Exhaustion of Administrative Remedies Judicial Review of Administrative Decisions LAW OF PUBLIC OFFICERS General Principles. ility and Qualifications De Facto Officers Commencement of Official Relations Powers and Duties of Public Officers Liability of Public Officers ights of Public Officers ‘Termination of Official Relationship 39 60 96 123, 282 302 347 378 406 434 434 451 468 473 48t 483 485 493 495 513 523 531 533 537 540 561 568 573 583SUFFRAGE AND ELECTION LAWS. \ General Principles The Commission on Elections Voters: Qualifications and Registration Candidates; Certificates of Candidacy Campaign; Election Propaganda; Contributions and Expenses Board of Election inspectors; Watchers Casting and Counting of Votes Canvass and Proclamation Pre-Proclamation Controversy LOCAL GOVERNMENT Nv. Vv. vl Vil General Principles General Powers and Attributes of Local Goverment Units Municipal Liab Local Officials Inier-Govemmental Relations Local initiative and Referendum Local Government Units 615 620 645 649 665 670 672 677, 68 682 689 695 713 740 745 764 763 172 CONSTITUTIONAL LAWLaw 1 |. GENERAL PRINCIPLES A. Political Law defined. That branch of public law which deals with the organization and operations of the governmental organs of the State ana defines the relations of the State with the inhabitants of its territory [People v. Perfecto, 43 Phil. 887; Macariola v. Asuncion, A.M. No. 133-J, May 31, 1982). B. Scopo/Divisions of Political Law. 1. Constitutional Law. The study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights (Cruz, Constitutional Law, 1993 ed, p. 1) 2. Administrative Law, That branch of public law which fixes the organization of government. determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights, 3. Law on Municipal Corporations. 4, Law of Public Officers, 5, Election Laws. C. Basis of the Study. 41. 1987 Constitution 2. 1973 and 1935 Constitutions 3._ Other organic laws made to apply to the Philippines, e.g.. PI of 1902, Jones Law of 1916, and Tydings-McDutfie Law of 1934. 4, Statutes, executive orders and decrees, and judicial decisions. 5, US. Constitul ippine Bi|. THE PHILIPPINE CONSTITUTION A. Nature of the Constitution. 1. Gonstitution defined. That body of rules and maxims in accordance wi which the powers of sovereignty are habitually exercised (Cooley, ional Limiations, p. 4). With particular reference to the Cons! pines: That written instrument enacted by direct action of th powers of the government are established, and defined, and by which those powers are distributed among the se departments for their safe and useful exercise for the benefit of the body politic [Maicolm, Phifppine Constitutional Law, p. 6). 2. Purpose. To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, znd to establish certain first principles on which the government is founded [11 Am, Jur. 606) {2] Written or unwritten. A written constitution is one whose precepts are embodied in one document or set of documents; while an unwritten Constitution consists of rules which have not been integrated into a single, conerete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs jons, and certain common law principles (Cruz, Constitutional Law, struck off ata definite time and place following a conscious or deliberate effort taken by a constituent body or ruler; while a cumulative constitution is the result of political evoiution, not inaugurated at any specific time but changing by accretion rather than by any systema method [Cruz, p. 5). A rigid Constitution is one th only by a formal and usually difficult process; while a flexible Constitution is one that can be changed by ordinary legisiation (Cruz, p. 5) alities of a good written Constitution Broad. Not just becal entire government and covers al it provides for the organization of the ersons and things within the territory of the Constitutional Law 7 State but because it contingency. t be comprehensive enough to provide for every {b] Brief It must confine itsetf to basic principlés to be implemented with legislative details more adjustable to change and easier to amend. {c] Definite. To prevent ambiguity in its provisions which could result in confusion and divisiveness among the people (Cruz, pp. 5-6). 5. Essential parts of a good written Constitution: [a] Constitution of Liberty. The series of prescriptions setting forth the fundamen and political rights of the citizens and imposing imitations on the powers of government as a means of securing the enjoyt those Fights, ¢.9., Art i {b] Constitution of Government. The series of provisions outlining the organization of the government, enumerating its powers, laying down certain es relative to its administration, and defining the electorate, e.g., Arts. Vi, Vit, Vi and 1X. [o] Constitution of Sovereianty. The provisions pointing out the mode (or procedure in accordance with which formal changes in the fundamental law may be brought about, e.g., Art. XVII 6 _Interpretation/Construction of the Constitution, [a] In Francisco v. House of Represeniatives, G.R No. 160261, Movember 10, 2003, the Supreme Court made reference to the use of wé settied principles of constitutional construction, namely: First, verbs feats whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. As the Constitution is not primarily a lawyer's document, it being essential for the rule of faw to obtain that it should ever be present in the people's consciousness, its language as much as possible should be understood in the sense they have a common use. Second, where there is ambiguity, ratio legis et anima. The ‘words of the Constitution should be interpreted in of the framers. Thus, in Civil Liberties Union v. Executive Secretary, G.R. No. 83896, February 22, 1991, it was held that the Court, in consituing a Constitution, should bear in mind the object sought to be accomplished and the evils sought to be prevented or remedied. A doubtful provision shall be examined in ight of the history of the times and the conditions and circumstances under which the Constitution was framed. Third, ut magis valea jain pereat, Le., the Constitution has to be interpreted as a whole. In Ci berties Union. it was declared that sections bearing on a particular subi4 Consrinaional Lae ‘should be considered and interpreted together as to effectuate the whole purpose of the Constitution and one section is not to be allowed to defeat another, if by any reasonable construction, the two can be made to stand together. id to be clear, was held that of the word is not lable. Again in Civil Liberties Union, the meaning is clear. We “appears upon its face". The pr how it was understood by the people ado understanding thereof, fore, depends more on than in the framers’ li) This is best expressed in Chief Justice Reynato Puna's ‘Separate Opinion in Jntegrated Bar of the Philiopines v. Hon. Ronaldo Zamora, GR. No, 141254, August 15, 2000, where he said: “It must be borne in mind, representatives. The conventional wisiom is that the Constitution does not derive its force from the convention which framed it, but from the people who @ intent to be arrived at is that of the people.” yns_should be considered s ry; and prospective rather th [el In case of doubt, the executing; mandatory rather than retroactive. {d] Self-executing provisions. A provision which lays down a gener principle is usually not self-executing. But a provision which is complete in ‘and becomes operative without the aid of supplementary or en: tion, oF that which supplies a sufficient rule by means of which th rants may be enjoyed or protected, is s ight executing if the nature imposed are fixed by sd by an examination and Construction ofits terms, and there is no language inaicating that the subject, Js relarred to the fegislature for action and extent Constitution such as the development of natural resources and ownership of land institutions and advertising business, is self-exect last 75 years, not ane of the constitutional certain areas of inve which is owned by 1 they shall be effective. These provisions could be subordinated to the will of the lawmaking body, which could make them entirely meaningless by simply refusing to pass the needed implementing statute (Manila Prince Hotel v. GSIS, GR. No. 122156, February 3, 1997}. ‘ise to any cause of action before the courts [Pamatong v. COMELEC, G.R. No, 161872, Apri 13, 2004]. in Tanada v. Angara, G.R. No. 118295, May 2, courts x x The reasons for denying cause of action to an alleg of broad constitutional principles are sourced from basic consi ddue process clause and the lack of judicial authority to wade into the uncharted ocean of social and economic policy-making, any norm of the Con: legislative or the executive persons for private purpose: Jand void, and without any f Since the Constitution is t mental and supreme law of deemed written in every statute and every contract (Manila GSIS, G.R. No. 122156, February 3, 1997}. B. Brief Constitutional History. 1, The Malolos Constitution, [aj The Philippine Revolution of 1896.Constitutional Lene \2 Proclamation of Philippine independence, at Kawit, Cavite, on June 12, 1898, [cl Revolutionary Congress convened at Barasoain Church, Malolos, Bulacan, on September 15, 1898. Three drafts were submited, namely, the dratts of Pedro Paterno, Apolinario Mabini and Felipe Calderon. {a] The Calderon proposat was reported to the Congress on October 8, 1898, and the Congress approved the proposed Constitution on November 29, 1898 [e] Presi 1898; Congress 10 Aguinaldo approved the same on December 23, iton January 20, 1899. [a] This was the fi revolutionary convention pharmacists, 2 engineers and 1 priest. The Constitution recognized that sovereign power was vested in the people, provided for a parliamentary government, acknowledged separation of powers, and contained a bill of Fights, ‘The Treaty of Paris of December 10, 1898. The US and:Spain upon the cessation Islands by Spain to the US. US President McKinley's Instructions of Apri 7, 1900, ‘as conditions woul that par of the military government to the Philippine Commission Commission, then, the Taft Commission]. for maintaining an iberty, property and Line z jously exercised by the jovernor. ry governor was trans! [a] The Philippine Bil of July 1, 1902 continued the existing civil ir own representatives. On ened to sit as the Lower was the principal organic act of the P! Philippine Commonwealth contained a preamble, a bil fas vested in the Governor General, legislative lature composed of the Senate and House of power in the Supreme Court, the Courts of Fi Represent Instance a If] The Tydings-McDuffio Act [Philigpine Independence Act] of March 24, 1934 authorized the drafting of a Constitution for the Philippines, the establishment of a Commonwelath Goverment and, after ten years, independence. 3, The 1935 Constitution lin Delane Roosevel ied that the draft ly to the Tydings-McDuttie Law. {4} The Constitution was ratified in a plebiscite held on May 14, 1936. ‘GITUNE TREMEWER POLITICAL8 Consurional Lag [e] The Philippine Commonwealth established under the Constitution ‘was inaugurated on November 15, 193: jependence was attained with the inauguration of the (Third) Philippine Republic on July 4, 1946. jon was amended in 1929: Ordinance appended to the Constitution, in accordance with the Tydings-Kocialkowski At of August 7. 339 [Resolution of Congress: September 15, 1939; Plebiscite: October 24, 1939). \ {g] It was amended again in 1940: Changed President's and Vice fesident's term from six to four years, but no person shall serve as President ‘more than 8 years: changed icameral to a bicameral legislature; tablished an independent Commission on Elections (Resolution: Af ; Plebiscite: June 18, 1940], k t Another amendment was adopted in 1947: institufons shall continue to be effective fo being as in the pat public officials, ‘shail cemain in their present posts and carry on faithfully their duties as before" [b] Order No. 1 of the Japanese Commander-in-Chief, on January 23, 1942, organized the Philippine Executive Commission. [e] Executive Orders Nos. 1 and 4, dated January 30 and February 6, 41942, respectively, continued the Supreme Court, tne Court of Appeals, the Courts of First Instance and Justices of the Peace Courts, with the same jurisdiction, in conformity with later ions given by the Commander: ‘Chief of the Japanese Imperial Army in Order No. 3, dated February 20, 1942 1] October 14, 1943, the (Second) Philippine Republic was inaugurated, with Jose P. Laurel as President. 9 [a] Resolution of Both Houses (RBH) No.1, March 16, 1967, increasing the membership of the House of Representatives from 120 t0 180. [b] RBH No. 2, Mt to revise the 1935 Con: 16, 1967, calling for a Constitutionat Convention ion, {[c] RBH No, 3, March 16, 1967, allowing members of Congress to sit as delegates in the Constitutional Convention without forfeiting their seats in Congress. [a] RBH 1 and RBH 3 were submitted to the people in a plebiscite simultaneously with local elections in November 1967, but both were rejected by the people, e] RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing that specific apportionment of delegates to the Constitutional Convention and alter details relating to the election of delegates be embodied in an Implementing Yegistation, [f] Republic Act No. 6132: Constitutionat Convention Act of 1970. ‘See Imbong v. Ferrer, G.R. No, L-32432, September 11, 1970, jonality of the RA 6132 was challenged because it had to al Convention but was not passed by % of ind the House of Representatives, voting ‘separately (as provided in the 1836 Constitution). The Supreme Court upheld of the law, deciaring that after Congress had exercised its constituent power by adopting PBH 2 and RBH 4, with the requisite % vote as required by the 1935 Cons! it may, by simply exercising legislative pass a law providing for the details for the implementation of the 's passed in the exercise of its constituent power. {a} Election of delegates: November 10, 1970; Constitutional Convention was inaugurated on June 1, 1971. I) Attempt of the Constitutional Convention to submit for Supreme Caurt in Toe 1971. The Court hel it when a Constitutional Convention is called for the purpose of revising the Constitution, it may not submit for ratification piecemeal amendments” because the 1905 Constitution speaks of submission ofthe proposed amendmen in “an election” (nthe singular, and also because to allow the submission would deprive the people of a “proper frame of rlerence | |lial Lan {h} Presidential Proclamation No. 1081, on Seplember 21, 1972: Declaration of martial law by Presivent Ferdinand E. Marcos. [i] Constitutional Convention approved the draft Constitution on November 29, 1972 {] On November 30, 1972, the plebiscite for the ratification of [i] Pianas v. COMELEC, G.R. No. L-359285, January 22, 1973, and ‘companion cases (collectively known as the Plehisoite Cases) sougt Marcos issued Presidential and academic when Presi 1102, declaring that the Con: roe and effect {k] On December 23, 1972, President Marcos announced the Postponement of the plebiscite, but it was only on January 7, 1973, that General Order No. 20 was issue : January 15, 1973, be postponed u Im] Op January 17, 1973, President Marcos issued Presidential Proc raiification of the 1973 Con Secretary, G-R. No, ‘on had been ratified and has | Constttinal Law al compliance) confarmably with the 1935 Const three said there was substantial compliance, and one qual Whether the people had acquiesced in the new Constitution fe can be no free expression by the people (eof their acceptance law. one said he Is not prep: by the people must ‘ded recognition independently of fatification, and three expressed their lack of knowl ing, the people have accepted the Const certainty state in, and two declared enough votes to declare that the new Constitution is not in force". The SC decision concluded: “Accordingly, by virtue of the majority of six votes x x x with four dissenting votes x x x all of the aforementioned cases are hereby fote of the majonty, there is no further judicial ion was amended in 1976: The proposal was a ts, submitted by Marcos on September 2, 1876, the particular provisions being changed, Thi contained the infamous Amendment No. 6. The amendments a plebiscite hald on October 16, 1976. Sanidad v. COMELEC, G.R. No. L-44640, October 12, 1976, President there is no reason why he validly discharge the functions of the Assembly to propose amendments to the h fs but adjunct, though peculiar, to its gross ley the interim National Assembly not convened and only the solute necessity ident to. act as agent for and in behalf of (0 the Constitution.” propose amendment {0] The Constitution was amended again on January 30, 1980: The ‘amendment restored the original retirement age of judges to 70 years of age.{p] Another amendment was adopted on April 7. 1981 which restored the presidential government, while retaining certain features of the parliamentary system; granted natural-born Filipinos who had b naturalized in a foreign country the right to own a limited a:ea of residential Vie President, and changed ‘Snap presidential election of 1986. iJ A petition to prohibit the holding of the snap election was filed urtin Philppine Bar Association v. COMELEC, 140 SCRA the candidates were in the people were already looking forward to the election. [s] February 22-25, 1986: EDSA | People's Revolution. See: Lawyers ‘2 Better Philippines v. Corazon Aquino, G.R. No. 73748, May 22, 1986, where the Supreme Court held that the Cory Aquino government was not only a de facto but a de jure government. C. The 1987 Constitution. [a] Proclamation No.1, February 25, 1986, announcing that she (Corazon Aquino) and Vice President Laurel were assuming power. [b] Executive Order No.1 [February 28, 1986] [c] Proclamation No. 3, March 25, 1986, announced the promulgation som} Constitution, pending the drafting and ratification adopted certain provisions of the 1973 Constitution, reorganization, and on existing laws. It also provided f Constitutional Commission to be composed of 30-50 members, to dr Constitution. See: Lawyers League for a Better Philppines v. Aquino, G.R. No. 73748, May 22, 1980; In Re: Satumino Bermudez, G.R. No. 76180, October 24, 1986. [i] As stated in Proclamation No. 3, the EDSA revolution was “done in defiance of the 1973 Constitution”. The resulting government was n was dismissed hecause considerations other than legal | ick of the campaign; and the Constintional Law 8 indisputably a revolutionary government bound by no constitution or legal limitations except treaty cbiigations that the revolutionary government, as the de jure government in the Philippines, assumed under international law. 1986) up to March 24, 1986 (immediately before jon of the Provisional Constitution), the directives and orders of the onary government were the supreme law because no constitution the extent and scope of such cirectives and orders. With the abrogation 1e 1973 Constitution by the succe law higher than the directives and orders of the revolutionary government. Thus, during this interregnum, a person could not invoke an exclusionary right Under a Bill of Rights because there was neither a Constitution nor a Bill of Rights (Republic v. Sandiganbayan, G.R. No. 104768, July 21, 2003] 2, Adoption ofthe 1987 Constitution [a] Proclamation No. 9, creating the Constitutional Commission of 50 smembers. [b] Approval of draft Constitution by the Constitutional Commission on Octover 12, 1986, and signed on October 15, 1986, at the Plenary Hall, National Government Center, Quezon City. lebiscite held on February 2, 1987, [d] Proclamation No. 58, proclaiming the ratification of the Constitution. 3, Effectivity of the 1987 Constitution’ February 2, 1987, the date of the plebiscite when the people ratified the Constitution [De Leon v. Esquerra, GR. ‘No. 78059, August 31, 1987}. D. Amendment. 1, Amendment vs. Revision [a] Lambino v. COMELEC, G.R. No. 174153, October 25, 2006, basic principle involved. Revision generally affects several provisions of the14 Comtitutional Lowe Constitution; while amendment generally affects only the specific provision being changed. whether the Lambino proposal involves an court considered the two-part fost. First so exensive in Constitution by examines only degree of the to the qualitative effects Of the proposed change in the Constitution, The main inquiry is whether the change will “accomplish such far-reaching changes in the nature of our basic» governmental plan as to amount to a revision’ Constituent v_Legislative Power. See Imbong v. Ferrer, G.R. No. Court deciared R.A 6132 the implementation of Resolution of Both Houses (RBH) Nos. 2 and 4. 3, Steps in the amendatory process: [a] Proposal (Secs. 1-3, Art. XVII], The adoption of the suggested | change in the Constitution. A proposed amendment may come from: congress, by @ vote of % ofall its members. ‘See Occena v. COMELEC, G.R. No. 56350, April 2, 1981, the choice of method of proposal, i. ugh a Constitutional Conventi tion whether the bicamer ite sessions, or whether the be a consensus th: the Senate and % the provision should be understood as referring the House of Representative [ic] Fr. Joaquin Bernas says: “Note that it is Congress that proposes amendments, Congress does not transform itself into a different Consrtional Law 45 simply given Congress a constituent function. No preparatory resolution is needed before Congress can propose amendments as itis xx A constituent assembly is a body authorized posed amendments oF revision, But Congress is already authorized by Article XVII to propose amendments or revision, In other words, the Constitution has made Congress both an ordinary legisiative bod assembly, through Article XVI Abbrev Presiden: plebiscite (Sec. 3, Art. XVI. |] Three Theories_on_the yivention vis-a-vis the reqular departments of government: (1) Theory of nal Sovereignty [Loomis v. Jackson, 6 W. Va. 613], (2) Convention to the other departments. [Wood's Appeal, 79 Pa. 59); (3) Vito, 78 Pi. 1) Feople, through the power of least 12% of the total re di every authorized within five ye more often than once every five years thereafter. ib] Under Republic Act No. 6735 [An Act Providing for a System of Initiative and Referendum}. approved on August 4, 1989, initiative Is the power of the people to propose amendments to the Constitution oF to propose and enact legislation through an election called for the purpose. Bec. 2(6) RA. 6735] ‘SeTUNEREENER A FOTORL A