THE BASICS

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:

Constitutional Lawthe 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.

Administrative Law-- That branch of public law which fixes the organization, determines the competence of administrative authorities who executes the law, and indicates to the individual remedies for the violation of his right. Law on Municipal Corporations Law of Public Officers Elections Law

BASIS:
1. 1987 Constitution 2. 1973 and 1935 Constitutions 3. Organic laws made to apply to the PhilippinesX a. Philippine Bill of 1902 b. Jones Law of 1916 c. Tydings-McDuffie Law of 1934 4. Statutes, executive orders and decrees, and judicial decisions 5. US Constitution

PHILIPPINE CONSTITUTION

Constitutionit is the document which serves as the fundamental law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. 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 the several departments for their safe and useful exercise for the benefit of the body politic. It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intention, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Right or wrong, the Constitution must be upheld as long as the sovereign people have not changed it.

CLASSIFICATION
Written or Unwritten

Written: one whose precepts are embodied in one document or set of documents Unwritten: consists of rules which have not been integrated into a single, concrete form but are scattered in various sources.

Enacted (conventional) or Evolved (Cumulative)

Enacted: Formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler. Evolved: the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method.

Rigid or Flexible
Rigid: one that can be amended only by a formal and usually difficult process. Flexible: One that can be changed by ordinary legislation.

The Philippine Constitution is written, conventional and rigid. It is embodied in one document and can be amended only by a formal and usually difficult process.

INTERPRETATION
1. Verba Legiswhenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. 2. When there is Ambiguityratio legis et anima--A doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed. 3. Ut magis valeat quam pereatthe Constitution has to be interpreted as a whole. If the plain meaning of the word is not found to be clear, resort to other aids is availableconstrue the Constitution from what appears upon its face. The proper interpretation, therefore, depends more on how it was understood by the people adopting it than in the framers understanding thereof.

In case of doubt, the provision should be considered as self-executing; mandatory rather than directory; and prospective rather than retroactive. Self-executing provisionone which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected.

ESSENTIAL QUALITIES OF THE WRITTEN CONSTITUTION

1. Broad; 2. Brief; and 3. Definite.

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

a. Constitution of Libertysets forth the fundamental civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights. e.g. Bill of Rights b. Constitution of Governmentoutlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate. e.g. Legislative, Executive and Judicial Departments, Constitutional Commissions c. Constitution of Sovereigntythe 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-Amendments or Revisions

EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY

a. ORTHODOX VIEW i. an unconstitutional act is not a law; ii. it confers no rights; iii. it imposes no duties; iv. it affords no protection; v. it creates no office; vi. it is inoperative, as if it had not been passed at all. b. MODERN VIEWCourts simply refuse to recognize the law and determine the rights of the parties as if the statute had no existence. Certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized. Thus, a public officer who implemented an unconstitutional law prior to the declaration of unconstitutionality cannot be held liable.

PARTIAL UNCONSTITUTIONALITY
Requisites: a. The legislature must be willing to retain the valid portion(s), usually shown by the presence of a separability clause in the lawINTENT OF THE LEGISLATIVE; and b. The valid portion can stand independently as law INDEPENDENCE OF THE PROVISIONS.

PREAMBLE

PREAMBLE
WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE SOCIETY AND ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE AND DEVELOP OUR PATRIMONY, AND SECURE TO OURSELVES AND OUR POSTERITY THE BLESSINGS OF INDEPENDENCE AND DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY, AND PEACE, DO ORDAIN AND PROMULGATE THIS CONSTITUTION.

The Preamble is not a source of power or right for any department of government. It sets down the origin, scope, and purpose of the Constitution. It bears witness to the fact that the Constitution is the manifestation of the sovereign will of the Filipino people.

The identification of the Filipino people as the author of the constitution calls attention to an important principle: that the document is not just the work of representatives of the people but of the people themselves who put their mark approval by ratifying it in a plebiscite.
1. It does not confer rights nor impose duties. 2. Indicates authorship of the Constitution; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the Constitution.

ARTICLE I
NATIONAL TERRITORY

ARTICLE I
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 submarines 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.

TWO PARTS OF NATIONAL TERRITORY

1. The Philippine archipelago with all the islands and waters embraced therein; and 2. All other territories over which the Philippines has sovereignty or jurisdiction.

DO YOU CONSIDER THE SPRATLYS GROUP OF ISLANDS AS PART OF PHILIPPINE ARCHIPELAGO?

Spratlys Group of Islands is not part of the Philippine Archipelago because it is too far away from the three main islands of the Philippines. It is found, geographically, almost in the middle of the South China Sea. It is not part of the Philippine Archipelago. Historically, when we talk about Philippine Archipelago, we refer to those islands and waters that were ceded by the Spain to the United States by virtue of Treaty of Paris in 1898. And that did not include the Spratlys Group of Islands yet. Under the treaty, the islands that were ceded by Spain were identifiedthe main islandsLuzon, Visayas and Mindanao. Clearly, it did not include the Spratlys Group of Islands.

DO YOU CONSIDER THE SPRATLYS GROUP OF ISLANDS AS PART OF PHILIPPINE ARCHIPELAGO?

Spratlys Group of Islands was only discovered sometime in the 1950s by a Filipino, Tomas Cloma. The latter waived his rights over the islands in favor of the Philippine Government. In effect, the government stepped into the shoes of the discoverer. By then President Marcos, what he did the moment Tomas Cloma waived his rights over the Spratlys Group of Islands, is to have the islands immediately occupied by Philippine troops. He then issued PD 1596, constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality of Kalayaan placing it under the Province of Palawan. And then he had the elections immediately held in the islands so from that time on until now, we continue to hold elections there. The Philippine exercises not only jurisdiction but also sovereignty over the Spratlys Group of Islands, yet it is not part of the Philippine Archipelago. Geographically, it is too far away from the Philippine Archipelago.

DO YOU CONSIDER THE SPRATLYS GROUP OF ISLANDS AS PART OF PHILIPPINE ARCHIPELAGO?

On May 20, 1980, the Philippines registered its claim with the UN Secretariat. The Philippine claim to the islands is justified by reason of history, indispensable need, and effective occupation and control. Thus, in accordance with the international law, the Spratlys Group of islands is subject to the sovereignty of the Philippines.

DO YOU CONSIDER THE SPRATLYS GROUP OF ISLANDS AS PART OF OUR NATIONAL TERRITORY?
Yes. Article I of the Constitution provides: The national territory comprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovereignty or jurisdiction, x x x. The Spratlys Group of islands falls under the second phrase and all other territories over which the Philippines has sovereignty or jurisdiction. It is part of our national territory because Philippines exercise sovereignty (through election of public officials) over Spratlys Group of Islands.

WHAT WAS THE BASIS OF THE PHILIPPINES CLAIM OVER THE SPRATLYS?
Through discovery of Tomas Cloma and occupation

MODES OF ACQUIRING TERRITORIES

1. Discovery and Occupationwhich are terra nullius (land belonging to no one) Doctrine of Effective Occupationdiscovery alone is not enough. Mere discovery gives only an inchoate right to the discoverer. For title to finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the same. 2. Cession by Treaty. Examples are Treaty of Paris, treaty between France and US ceding Louisiana to the latter and treaty between Russia and US ceding Alaska to the latter; 3. Prescriptionwhich is a concept under the Civil Code. Territory may also be acquired through continuous and uninterrupted possession over a long period of time. However, in international law, there is no rule of thumb as to the length of time for acquisition of territory through prescription. In this connection, consider the Grotius Doctrine of immemorial prescription, which speaks of uninterrupted possession going beyond memory. 4. Conquest or Subjugation (conquistadores)this is no longer recognized, inasmuch as the UN Charter prohibits resort to threat or use of force against the territorial integrity or political independence of any state; and 5. Accretionanother concept in the Civil Code. It is the increase in the land area of the State, either through natural means, or artificially, through human labor.

PHILIPPINE ARCHIPELAGO
1. Treaty of Paris, December 10, 1898Cession of the Philippine Islands by Spain to the United States; 2. Treaty between Spain and US at Washington, November 7, 1900inclusion of Cagayan, Sulu and Sibuto; 3. Treaty between US and GB, January 2, 1930 inclusion of Turtle and Mangsee Islands.

OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION

1. Batanes(1935 Constitution); 2. Those contemplated under Article I, 1973 Constitutionbelonging to the Philippines by historic right or legal title; 3. PD 1596, June 11, 1978-- constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality of Kalayaan, placing it under the Province of Palawan.

XXX 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.
This second sentence of Article I is not the Archipelago Doctrine. This is only our restatement/reaffirmation of our adherence to the Archipelago Doctrine simply because we are an archipelago consisting of 7,107 islands. It is essential for our national survival that we adhere to the archipelago principle.

ARCHIPELAGO DOCTRINE
-Merely emphasizes the unity of lands and waters. It is a body of waters interconnected with other natural features. Under the United Nation Convention on the Law of Sea (UNCLOS), it consists of drawing imaginary baseline connecting the outermost islands of the archipelago in which all waters, islands is considered as one integrated whole. An archipelago is defined as group of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and natural features form an intrinsic geographical, economical and political entity, or which historically been regarded as such.

ARCHIPELAGO DOCTRINE
Correlate this doctrine to right of innocent of passage, right of arrival under stress and UNCLOS requiring the designation of archipelagic seaways so that foreign vessels may pass through an archipelago.

2 KINDS OF ARCHIPELAGO
1. Coastal Archipelagosituated close to a mainland and may be considered a part thereof. 2. Mid-Ocean Archipelagosituated in the ocean at such distance from the coasts of firm land. The Philippines is classified as mid-ocean archipelago just like Indonesia. The Philippines is not in any way connected physically with the Asia mainland.

COMPONENTS OF NATIONAL TERRITORY

I. Terrestrialland mass on which the inhabitants live; II. Fluvialmaritime; a. Internal or national watersbodies of water within the land mass, among them are: i. Riverswhich may be: 1. National 2. Boundarydivides the territories of States 3. Internationalflows thru various States a. Thalweg Doctrinefor boundary rivers, in the absence of an agreement between the riparian states, the boundary line is laid on the middle of the main navigable channel. b. Middle of the Bridge Doctrinewhere there is a bridge over a boundary river, the boundary line is the middle or center of the bridge.

ii. Bays and gulfsa bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain a land-locked waters and constitutes more than a curvature of the coast. Also referred to as juridical bay. The area must be as large as, or larger than, a semi-circle whose diameter is a line drawn across the mouth of such indentation, or if the mouth is less than 24 miles wide. e.g. Hudson Bay in Canada, one whose waters are considered internal because of the existence of a historic title. iii. Straitsnarrow passageways connecting 2 bodies of water. If the distance between the 2 opposite coast is not more than 6 miles, they are considered internal waters.
In international law, when a strait within a country has a width of more than six (6) miles, the center lane in excess of the three (3) miles on both sides is considered international waters. iv. Canalsthe most famous is the Suez Canal, which is neutralized, and the Panama Canal, which is open to everyone in times of war or peace.

b. Archipelagic watersare the waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast.
Archipelagic Statea state made up wholly of one or two archipelagos. It may include other islands.

Straight Archipelagic Baselineto determine the archipelagic waters, the state shall draw straight baselines connecting the outermost points of the outermost islands and drying reefs, provided that the ratio of the area of the water to the area of the land, including atolls, is between 1:1 and 9:1. The length of such baselines shall not exceed 100 nautical miles, except up to 3% of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum 125 miles. The baselines drawn should not depart, to any appreciable extent, from the general configuration of the archipelago. All the waters within the baselines shall then be considered internal waters. The breadth of the 12-mile territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall then be measured from the archipelagic baselines.
Vessels may be allowed innocent passage within the archipelagic waters, but this right may be suspended, after publication, in the interest of international security. The coastal state may also designate archipelagic sea lanes for continuous, unobstructed transit of vessels.

c. Territorial Seathe belt of the sea located between the coast and the internal waters of the coastal state on the other hand, and the high seas on the other, extending up to 12 nautical miles from the low-water mark, or in the case of archipelagic states, from the baseline
Baselineis a line from which the breadth of the territorial sea, the contiguous zone and the exclusive economic zone is measured in order to determine the maritime boundary of the coastal state. Types of baseline: i. Normal Baseline Method ii. Straight Baseline method

d. Contiguous Zoneextends up to 12 nautical miles from the territorial sea; this shall not exceed 24 nautical miles from the archipelagic baselines. The coastal state may exercise limited jurisdiction over the contiguous zone: 1. To prevent infringement of customs, fiscal immigration or sanitary laws and regulations within its territory or territorial sea; and 2. To punish infringement of the above laws and regulations committed within its territory.

e. Exclusive Economic Zoneshall not extend beyond 200 nautical miles from the archipelagic baselines.

f. Continental shelfit is the seabed and subsoil of the submarine areas extending beyond the Philippine territorial sea throughout the natural prolongation of the land territory. It extends up to: i. The outer edge of the continental margin; or ii. A distance of 200 nautical miles from the archipelagic baselines, whichever is the farthest. The continental shelf does not form part of the Philippine territory. The Philippines has the sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources. g. High Seastreated as res communes, thus, not territory of any particular State. These are the waters which do not constitute the internal waters, archipelagic waters, territorial sea and exclusive economic zones of a state. They are beyond the jurisdiction and sovereign rights of States. Freedom of navigationrefers to the right to sail ship on the high sea, subject to international law and the laws of the flag of the state.

III.Aerialthis refers to the air space above the land and waters of the State.

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

ARTICLE II, SEC. 1

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. ------1. Essential features: (1) Representation and (2) Renovation. 2. Manifestations: Ours is a government of law and not of men (Villavicencio vs. Lukban, 39 Phil 778). Rule of the majority. (Plurality in elections) Accountability of public officials Bill of rights Legislature cannot pass irrepealable laws. Separation of powers.

REPUBLICANISM
What is a republican form of government? It is a government of the people, by the people, and for the people, a representative government wherein the powers and duties of government are exercised and discharged for the common good and welfare. Characteristics of a republican form of government: 1. The people do not govern themselves directly but through their representatives; 2. It is founded upon popular suffrage; 3. There is the tripartite system of the government, the mutual interdependence of the three departments of the government.

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 A STATE
1. Peoplethe inhabitants of the State; the # of which is capable for self-sufficiency and self-defense; of both sexes for perpetuity. a. Inhabitants; b. Citizens; c. Electors. 2. Territorya fixed portion of the surface of the earth inhabited by the people ofthe State. 3. Governmentthe agency or instrumentality through which the will of the State is formulated, expressed and realized 4. Sovereigntythe supreme and uncontrollable power inherent in a State by which that State is governed. It is the right to exercise the functions of a State to the exclusion of any other State.

GOVERNMENT
Government of the Philippinesrefers to the corporate governmental entity through which the functions of the government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.

DE JURE VS. DE FACTO

PRESIDENTIAL VS. PARLIAMENTARY

FUNCTIONS OF THE GOVERNMENT

a. Constituentcompulsory because constitutive of the society; b. Ministrantundertaken to advance the general interest of the society; merely optional. ----Doctrine of Parens Patriaethe government as guardian of the rights of the people may initiate legal actions for and in behalf of particular individual.

SOVEREIGNTY
While sovereignty has traditionally been deemed absolute and allencompassing on the domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the family of nations. In its Declaration of Principles and State Policies, the Constitution adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity, with all nations. By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws. Government of Laws and Not of Men.sovereignty of the people also includes the concept that government officials have only the authority given them by law and defined by law, and such authority continues only with the consent of the people.

Kinds of Sovereignty: a. Legalthe power to issue final commands; b. Politicalthe sum total of all the influences which lie behind the law; c. Internalthe supreme power over everything within its territory; d. Externalalso known as independencefreedom from external control.
Characteristics: a. Permanence b. Exclusiveness c. Comprehensiveness d. Absoluteness e. Indivisibility f. Inalienability g. Imprescriptibility

Sovereignty, often referred to as Imperiumis the States authority to govern; it includes passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion.
It is the government authority possessed by the State expressed in the concept of sovereignty.

Dominiumis the capacity of the State to own or acquire property such as lands and natural resources. It necessarily includes the power to alienate what is owned. It was the foundation for the early Spanish decrees embracing the feudal theory of jura regalia that all lands were held from the Crown.

Effect of Belligerent Occupationthere is no change in sovereignty. However, political laws, except those of treason, are suspended; municipal laws remain in force unless changed by the belligerent occupant.
Principle of Jus Postliminiumat the end of the occupation, when the occupant is ousted from the territory, the political laws which have been suspended shall automatically become effective again. Effect of Change of Sovereigntypolitical laws of the former sovereign are abrogated unless they are expressly reenacted by the affirmative act of the new sovereign. Municipal laws remain in force. Effect of Revolutionary Governmentit is bound by no constitution. However, it did not repudiate the Covenant or Declaration in the same way it repudiated the Constitution. As the de jure government, the revolutionary government could not escape responsibility for the States good faith compliance with its treaty obligations under international law. During the interregnum when no constitution or Bill of Rights existed, directives and orders issued by government officers did not exceed the authority granted them by the revolutionary government. The directives or orders should not have also violated the Covenant or the Declaration.

Jurisdictionis the manifestation of sovereignty.

a. Territorialpower of the State over persons and things within its territory subject to its control and protection. b. Personalpower of the State over its nationals, which may be exercised by the state even if the individual is outside the territory of the State. c. Extraterritorialpower of the State over persons, things or acts beyond its territorial limits by reason of their effects to its territory.