PRINCIPLES OF POLITICAL LAW

POLITICAL LAW

Deals with the organization and operation of the governmental organs of the state and
define the relation of the inhabitants of its territory.

It is a well-settled rule that laws regulates the conducts of certain public officers in
business is political in essence.

Effectivity

Note

Where there is change of sovereignty, the political law of the former sovereign,
whether compatible or not with the new sovereign, are automatically abrogated,
unless they are expressly re-enacted by affirmative act of the new sovereign.
However, municipal laws of the newly acquired territory not in conflict with the laws
of the new sovereign continue in force without an express assent or affirmative act
of the conqueror.

The Constitution

That written instrument enacted by direct action of the people by which the
fundamental powers of the government are established, limited and defined, and by
which those powers are distributed among several departments for their safe and useful
exercise for the benefit of the body politic.

A constitution should be construed in the light of what actually is a continuing

instrument to govern not only the present but also the unfolding events of the indefinite
future.

Doctrine of Constitutional Supremacy

"The supreme law which all other laws must conform"

The Constitution is the basic law to which all laws must conform; no act shall be valid if
it conflicts with the Constitution.

It is supreme, imperious, absolute and unalterable except by the authority from which it
emanates.

Under the doctrine of constitutional supremacy, if a law or contract violates any norm of
the constitution that law or contract whether promulgated by the legislative or by the
executive branch or entered into by private persons for private purposes is null and void
and without any force and effect. Thus, since the Constitution is the fundamental,
paramount and supreme law of the nation, it is deemed written in every statute and
contract.

Foreign Jurisprudence
 Foreign decisions and authorities are not per se controlling in this jurisdiction. At best,
they are persuasive and have been used to support many of our decisions.

The legitimacy of Aquino Government

The popular view was that the Aquino government was not an offshoot of the 1973
Constitution for under that Constitution a procedure was given for the election of the
President – proclamation by the Batasan.

This was said to be not a justiceable matter.

This view was affirmed in Lawyers League v Aquino where the legitimacy of the Aquino
government is questioned on the ground that it was not established pursuant to the
1973 Constitution.

For the legitimacy of the Aquino government is not a justiciable matter. It belongs to the
realm of politics where only the people of the Philippines are the judge. And the
people have made the judgment; they have accepted the government of President
Aquino which is in effective control of the entire country so that it is not merely a de
facto government but in fact and law a de jure government. Moreover, the community
of nations has recognized the legitimacy of the present government. All the eleven
members of this Court as reorganized, have sworn to uphold the fundamental law of the
Republic under her government.

The Aquino government was a result of a "direct state action." It was not as if a small
group revolted and succeeded in wresting power in the end. Rather, the entire state
revolted and overthrew the government, so that right from the beginning, the
installation was already lawful and the government was at all times de jure.

Constitutional Construction

"IN CASE OF DOUBT, THE CONSTITUTION SHOULD BE CONSIDERED SELF-EXECUTING

RATHER THAN NON-SELF-EXECUTING"

Self-executing vs. Non-self-executing