POLITICAL LAW

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

Scope/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.
2. Administrative Law. That branch of public law which fixes the
organization of government, d
etermines 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.

Basis of the Study.

1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Other organic laws made to apply to the Philippines, e.g.,
Philippine Bill of 1902, Jones Law of 1916, and Tydings-McDuffie Law of 1934.
4. Statutes, executive orders and decrees, and judicial decisions
5. U.S. Constitution.

CONSTITUTION
It is unwritten instrument by which the fundamental powers of government
are stablished limited and defined by which the powers are
distributed among several departments for their safe and usefeul
exercise for the benefits of the body politics.

It is written charter enacted and adopted by the people og the state ,

through a convention of representative or
in any way the people may choose to act,whuch government for them
ordained or established.

SIGNIFICANT FEATURES OF CONSTITUTION

Sovereignty of people
Supremacy of civilian authority over the military
Seperation of powers

TYPES OF CONSTITUTION

Written
Unwritten
Conventional Enacted
Cumulative or Evolved
Rigid or inelastic
 Flexible or elastic

PARTS OF CONSTITUTION

Constitution of Government :Provisions which set up the governmental

structure (Article 6,7,8,9,10)
Constitution of Liberty :Provision which guarantee individual
fundamental liberties againts governmental abuse (Article 3,4,5,6,7,8,9)
Constitution of Sovereignty :Provision which outline the process whereby
the sovereign people may change the constitution (article 2 section 1)

PHILIPPINE CONSTITUTIONAL HISTORY

1899 Malolos Constitution

1935 Commonwealth Constitution
1973 Constitution
1943 Constitution
1986 Provisional Freedom Constitution
1987 Constitution

ARTICLE I National
Territory

The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the seabed,
the subsoil, the insular shelves, and other submarine areas. 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.

STATE
A community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent of
external
control, and possessing a government to which a great body of
inhabitants render
habitual obedience

ELEMENTS OF THE STATE

People
Territory
Government

COMPONENTS OF THE STATE

Terrestrial,
Fluvial,
Maritime
Aerial domains.
THE INHERENT POWER OF THE STATE :

(a) Police Power; The power of promoting public welfare by

restraining and regulating the use of liberty and property.
(b) Power of Eminent Domain; Also known as the power of
expropriation,
(c) Power of Taxation: nature and scope of power.

Archipelago Doctrine:

“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”

CLASSIFICATION OF RIGHTS

I. Natural Rights
II. Constitutional Rights
III.Statutory Rights

CLASSIFICATION OF CONSTITUTIONAL RIGHTS

Political
Civil

VI. BILL OF
RIGHTS

Definition.

The set of prescriptions setting forth the fundamental civil and political
rights of the individual, and imposing limitations on the
government as a means of securing the enjoyment of those rights. The Bill
of Rights is designed to preserve the ideals of liberty, equality and
security “against the assaults of opportunism, the expediency of the passing hour,
the erosion of small encroachments, and the scorn and derision of those
who have no patience with general principles” Generally, any governmental action in
violation of the Bill of Rights is void. These provisions are also
generally self-executing.

Civil Rights.

Those rights that belong to every citizen of the state or country, or, in a
wider sense, to all its inhabitants, and are not connected with the
organization or administration of government. They include the rights to
property, marriage, equal protection of the laws, freedom of contract,etc..
They are rights appertaining to a person by virtue of his citizenship in a state or
community. Such term may also refer, in its general sense, to rights
capable of being enforced or redressed in a civil action.

Political Rights.

They refer to the right to participate, directly or indirectly, in the

establishment or administration of government, e.g., the right of
 suffrage, the right to hold public office, the right to petition and, in
general the rights appurtenant to citizenship vis-a-vis the management of
government

ARTICLE IV
CITIZENSHIP

Defined:

-Term denoting membership of a citizen in political society which

membership implies, reciprocally a duty of allegiance on the part of a
member and duty of protection of the part of the state

- A Legal relationship between a person or a country

-Membership in a political community which is personal and more
or less permanent in character.
-This Denotes membership of a permanent character in political community
-A citizen of a state is one who owes allegiance to it and is
correspondingly entitled to its protection.
-Refers

Right to live
Right to vote
Right to work
Pay taxes

SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption
of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.

Usual modes of acquiring citizenship:

a) By birth
jus sanguinis
jus soli
b) By naturalization

BY BIRTH

JUS SANGUINIS
-Blood relationship is the basis for aquiring citizenship, children follow
the citizenship of the parents or one of them.

JUS SOLI
-Place of birth is the basis for aquiring citizenship , a person becomes
citizen of the state where he is born irrespective of
citizenship of the parents.
NATURALIZATION
Naturalization: Which is a judicial act of adopting a foreigner and clothing
him with privileges of a native born citizen . it implies the
renunciation of a former nationality and the fact of entrance into a similar
relation towards a new body politic

3 pamamaraan para makuha ang citizenship ng isang banyaga dito sa ating bansa

1.Direct Naturaluzation
-Administrative
-Judicial
-Direct Acts by the Congress

SECTION 2.

Natural-born citizens are those who are citizens of the Philippines from
birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed natural-born citizens.

SECTION 3.

Philippine citizenship may be lost or reacquired in the manner provided by

law.

-Expatriation
-Cancellation of naturalization by the birth

SECTION 4.

Citizens of the Philippines who marry aliens shall retain their

citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.

SECTION 5.

Dual allegiance of citizens is inimical to the national interest and shall

be dealt with by law.

ARTICLE
V :SUFFRAGE

Suffrage:
the right to vote in the election of officers chosen by the people
and in the determination of questions submitted to the people.

Nature:
1. Mere privilege-

suffrage is not a natural right of the citizens but a privilege to

be given or withheld by the lawmaking power subject to constitutional
limitations. It is granted to individuals only upon the fulfillment of certain
minimum conditions deemed essential for the welfare of the
country
2. Political Right-

it is classified as political right, enabling every citizen to

participate in the process of government to assure that its powers from the
consent of the governed. The principle is that of one man, one vote.

Scope of suffrage

1. Election –
means by which people choose their official for definite and fixed
periods and to whom they entrust, for the time being as their
representatives, the exercise of powers of government.

2. Plebiscite –
the vote of the people expressing their choice for or against a proposed
law or enactment submitted to them. 3. Referendum – It is the submission
of the a law or part there of passed by the national or local legislative body to
the voting citizens of a country for their ratification or
approval.

4. Initiative –
the process whereby the people directly propose and enact laws

5. Recall –
method by which a public officer may be removed from office during his
tenure or before the expiration of his term by a vote of the people after
registration of a petition signed by a required percentage of voters Qualifications
of Voters:
1. A citizen of the Philippines both male and female
2. Not otherwise disqualified by law
3. At least 18 yrs of age
4. Have resided in the Philippines for at least one year (1) and in
the place wherein he proposes to vote for at least 6 months preceding the
election Residence Qualification  A voter must have been a permanent resident of
the Philippines for at least one (1 year) preceding the election.

Q: What is an election?
A: It is the selection of candidates to public office by popular vote. Q: What are
the types of Election? A: 1. Regular- refers to an election participated I by
those who possess the right of suffrage not disqualified by law and who are
registered voters. 3. Special- one held to fill in the vacancy in office
before the expiration of the term for which incumbent was elected.

Q: Who are not qualified to Vote?

1. Those who have committed and are convicted in a final judgment by a court or a
tribunal of an offense punishable by imprisonment of not less than 1 year
unless pardoned or granted amnesty.
2. Those who convicted by final judgment of crimes involving disloyalty to
government or against national security NOTE: Civil Interdiction Republic Act
8189 “Voters Registration Act of 1996” -a citizen in order to be qualified to
exercise his right to vote, in addition to the minimum requirements set by
fundamental charter is obliged by law to register.
 ARTICLE VI
LEGISLATIVE DEPARTMENT

1. Defined: The power to propose, enact, amend and repeal laws.

The Congress shall, as early as possible, provide for a system of

initiative and referendum, and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part thereof

passed by the Congress or local legislative body after the registration of a

petition
therefor signed by at least ten per centum of the total number of registered
voters,
of which every legislative district must be represented by at least three per
centum
of the registered voters thereof [Sec. 32, Art. VI],

Initiative is the power of the people to propose amendments

to the Constitution or to propose and enact legislation through an election called
for the purpose.