Académique Documents
Professionnel Documents
Culture Documents
[In addition to this, read Articles I, II, IV, V and VI of the 1987
Constitution and review the requisites of judicial review. Take
note of the principles/doctrines laid down in the cases
mentioned here as the same principles/doctrines may be asked
in the case scenarios. The exam will consist of 20 questions
which will be both in the essay and objective type just like the
Prelims. Study hard and good luck!! You may use Philippine
Political Law of Cruz, 2014 Edition, Philippine Constitution
Reviewer Primer of Bernas and Outline Reviewer in Political
Law of Nachura.]
Blending of Powers
These are instances under the Constitution when powers are not
confined exclusively within one department but are in fact assigned to
or shared by several departments. (Ex. grant of amnesty by the
President which needs the concurrence of a majority of all members of
the Congress; declaration of Martial law by the President which may be
revoke by the Congress)
Rationale:
-there can be no legal right against the authority which makes the
law on which the right depends
-the demands and inconveniences of litigation will divert the time
and resources of the State from more pressing matters demanding its
attention
Is it available to foreign states in case of suits by the local state?
As a rule, YES because of principle of the sovereign equality of
States.
Exceptions:
1. if regularly engaged in business in the host or local state; or
2. even if not so engaged, on the basis of its contracts in the host
state which may be considered as purely commercial, private and
proprietary acts but not sovereign acts.
Practice of filing the claim against the officer of the government who is
supposed to discharge the responsibility or grant the redress demanded
rather than against the Republic to avoid resort to doctrine of State
immunity. (Garcia vs. Chief of Staff, 16 SCRA 120 where a claim for
damages for injuries sustained during the military training required by
law against the Chief of Staff of AFP in his official capacity is actually a
suit against the State since it would need the appropriation of public
funds.)
Forms of consent:
Express - manifested either through general law or a special law.
(Ex. Under CA No. 327 as amended by PD 1445, a claim against the
government must first be filed with COA, which must act upon it within
60 days. Rejection of claim will authorize claimant to elevate matter to
SC on certiorari and in effect sue the State with its consent.)
Implied-manifested when the State itself commences litigation or
when it enters into a contract
When the State waives its sovereign immunity, it is only giving the
plaintiff the chance to prove, if it can, that defendant State is liable.
(Case: Palafox vs. Province of Ilocos Norte, G.R. No. L-10659,
January 31, 1958, a claim for recovery of damages against a provincial
government failed when it was shown that the injury complained of
occurred in connection with the repair of streets then being undertaken
by the defendant through its regular agents.) (Case: Torio vs.
Fontanilla, 85 SCRA 599, the Supreme Court held a municipality liable
for a tort committed in connection with the celebration of a town fiesta,
which was considered a proprietary function.)
Facial Challenge
Also known as First Amendment Challenge to assail statutes
concerning freedom of speech and other rights under the First
Amendment (exercise of religion; press freedom; peaceably assemble;
petition for redress of grievances) (Romualdez vs. COMELEC - The
Court has declared that facial invalidation or an on its face
invalidation of criminal statutes is not appropriate. Invalidation of
statutes would result in a mass acquittal of parties whose cases may
not have even reached the courts. Such invalidation would constitute
a departure from the usual requirement of actual case controversy.
Only statutes on free speech, religious freedom and other
fundamental rights may be facially challenged. Under no case may
ordinary penal statues be subjected to facial challenge.
THE CONSTITUTION
The Preamble is not considered a source of substantive right
nor obligation since its purpose is only to introduce, to enumerate the
primary aims and express the aspirations of the framers in drafting the
Constitution and useful as an aid in the construction and interpretation
of the text of the Constitution.
Territory
Is the fixed portion of the surface of the earth inhabited by the
people of the State, which includes land, maritime areas, airspace, and
outer space.
Significance of Territory
Control over territory is the essence of a state
Archipelago
Is a body of water studded with islands.
Archipelagic Doctrine
It is the principle whereby the body of water studded with
islands, or the islands surrounded with water, is viewed as a unity
of islands and waters together forming one integrated unit.
CASE: Magallona vs. Ermita, G.R. No. 187167, August 16, 2011)
assailed RA 3046 demarcating the maritime baselines of the Philippines
as an Archipelagic State pursuant to UNCLOS on the ground that it
reduces the Philippine maritime territory under Article 1 and
undermines our sovereignty and security. The Supreme Court held that
UNCLOS III has nothing to do with acquisition or loss of territory. It
is just a codified norm that regulates the conduct of states.
Elements of a State
People, Territory, Sovereignty and Government
Kinds of Sovereignty
Legal, Political, Internal and External Sovereignty
Characteristics of Sovereignty
-permanent, exclusive, comprehensive, absolute, indivisible,
inalienable and imprescriptible.
N.B. In Taada vs. Angara, it was held that sovereignty of state cannot
be absolute as it is subject to limitations imposed by membership in
the family of nations and limitations imposed by treaties.
Imperium v. Dominium
Functions of Government
(Governmental or Constituent and Proprietary or Ministrant)
(Cases: Soriano vs. Laguardia, G.R. No. 164785, April 29, 2009
-Petitioner Soriano uttered obscene remarks against INC in his show.
The Supreme Court held that etitioners offensive and obscene language
uttered in a television broadcast, without doubt, was easily accessible to
the children. His statements could have exposed children to a language
that is unacceptable in every day use. As such, the welfare of children
and the State mandate to protect and care for them as parens patriae,
constitute a substantial and compelling government interest in
regulating petitioners utterances in TV broadcast.
(San Juan Dela Cruz vs. Gracia, G.R. No. 177728, July 31, 2009
The unsigned handwritten instrument of the deceased father of minor
can be considered as recognition of paternity. It is the policy of the
Family Code to liberalize the rule on the investigation of the paternity
and filiation of children, especially of illegitimate children. Too, the
State as parens patriae affords special protection to children form
abuse, exploitation and other conditions prejudicial to their
development.
N.B. The government under Cory Aquino and the Freedom Constitution
is a de jure government. It was established by authority of the
legitimate sovereign, the people. It was a revolutionary government
established in defiance of the 1973 Constitution. (In Re Letter of
Associate Justice Puno, 210 SCRA 589 (1992)
Republican State
-is a state wherein all government authority emanates from the
people and is exercised by representative chosen by the people.
Manifestations of Republicanism
1. a government of laws and not of men.
2. Rule of majority (plurality in election)
3. Accountability of public officials
4. Bill of rights
5. Legislature cannot pass irrepealable laws
6. Separation of powers
Incorporation clause
The Philippines adopts the generally accepted principles of
international law as part of law of the land.
Dualist view:
That domestic law is distinct from international law. Since
dualism holds that international law and municipal law belong to
different spheres, international law becomes part of municipal law
only if it is incorporated in to municipal law.
Doctrine of incorporation
Every state is, by reason of its membership in the family of
nations, bound by the generally accepted principles of international
law, which are considered to be automatically part of its own laws.
International laws
It is a body of rules and principles of action which are binding
upon civilized states in their relation to one another. The law which
deals with the conduct of states and of international organizations and
with their relations inter se, as well as with some other relations with
persons, natural or juridical.
(Case: Manalo vs. Sistoza, G.R. No. 107369, August 11, 1999)
Assails the legality of the permanent appointments by President Cory
Aquino to senior officers of PNP who were promoted to the ranks of
Chief Superintendent and Director without appointments submitted to
the Commission on Appointments for confirmation. It was held that
their appointment does not need confirmation under Sec. 16, Art. VII of
the Constitution. The PNP is separate and distinct form the AFP. The
Constitution, no less sets forth the distinction. (Section 4, Article XVI
and Section 6)
On Defense of State
Section 4. The prime duty of the government is to serve and
protect the people. The Government may call upon the people to
defend the state and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal military
or civil service.
STATE POLICIES
Principles that guide the government in the conduct of the
States foreign relations
The purpose of the assertion that the protection begins from the
time of conception is to prevent the State from adopting the doctrine in
Roe vs. Wade which liberalized abortion laws up to the sixth month of
pregnancy by allowing abortion any time during the first six months of
pregnancy provided it can be done without danger to the mother.
RH Law does not violate the right to life of the unborn under the
Constitution
(CASE: Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014)
Assails the RH Law (RA 10354) which prescribes the use of
contraceptives, among others, for allegedly violating the right to life of
the unborn guaranteed under the Constitution. The Court ruled that
contraceptives that actually prevent the union of the male sperm and
female ovum, and those that similarly take action before fertilization
should be deemed non-abortive, and thus constitutionally
permissible, this is based on the theory that conception starts from
fertilization.
Rights of parents and of the State in the education of the
youth.
The primary and natural right belongs to the parents.
(CASE: Philippine Telegraph and Telephone Co. vs. NLRC, G.R. No.
118978, 5/23/97)
This pertains to the dismissal of a female employee for allegedly
misrepresenting herself as single when in fact she is already married.
The Supreme Court held that the companys policy of not accepting or
disqualifying from work any woman worker who contracts
marriage is afoul of the right against discrimination provided to all
women workers by our labor laws and by our Constitution.
(CASE: Hon Ramon Jesus Paje vs. Casino, G.R. No. 207267, 2/3/15)
An ECC can be challenged by a Writ of Kalikasan but subject to
certain qualifications. A party who invokes the writ based on alleged
defects or irregularities in the issuance of an ECC must not only allege
and prove such defects or irregularities, but must also provide a causal
link or, at least, a reasonable connection between the defects or
irregularities in the issuance of an ECC and the actual or
threatened violation of the constitutional right to a balanced and
healthful ecology of the magnitude contemplated under the Rules. An
example of a defect or an irregularity in the issuance of an ECC, which
could conceivably warrant the granting of the extraordinary remedy of
the writ of kalikasan is where there are serious and substantial
misrepresentations or fraud in the application for the ECC, which if
not immediately nullified, would cause actual negative
environmental impacts.
Article 4 Citizenship
Citizenship is a personal and more or less permanent
membership in a political community. It imposes the duty of allegiance
to the political community.
N.B. The Philippine law follows jus sanguinis and provides for
naturalization
Modes of naturalization.
(a) Direct citizenship is acquired by: (i) individual through
judicial (Commonwealth Act No. 473) or administrative
proceedings (R.A. No.9139); (ii) Special act of legislature;
(iii) collective change of nationality, as a result of cession or
subjugation; or (iv) in some cases, by adoption of orphan
minors as nationals of the State where they are born.
(b) Derivative citizenship conferred on: (i) wife of
naturalized husband; (ii) minor children of naturalized
person; or (iii) alien woman upon marriage to a national.
Effects of Naturalization
1. Vests citizenship on wife if she herself may be lawfully
naturalized;
2. Minor children born in the Philippines before the naturalization
shall be considered citizens of the Philippines;
3. Minor child born outside the Philippines before the naturalization
shall be considered citizens of the Philippines;
4. Minor child born outside the Philippines before parents
naturalization shall be considered Filipino citizens only during
minority, unless he begins to permanently reside in the
Philippines;
5. Child born outside of the Philippines after parents naturalization
shall be considered a Filipino, provided that he registers as
such before any Philippine consulate within one year after
attaining majority age, and takes his oath of allegiance.
Effects of denaturalization
If the ground for denaturalization affects the intrinsic validity of
proceedings, the denaturalization shall divest the wife and children of
their derivative naturalization. But if the ground was personal to the
denaturalized Filipino, his wife and children shall retain their
Philippine citizenship.
Reacquisition of Citizenship
a. Under RA 9225, by taking oath of allegiance required of former
natural-born Philippine citizens who may have lost their
Philippine citizenship by reason of their acquisition of the
citizenship of a foreign country.
b. By naturalization, provided that the applicant possesses none of
the disqualifications prescribed for naturalization.
c. By repatriation of deserters of the Army, Navy or Air Corps,
provided that a woman who lost her citizenship by reason of her
marriage to an alien may be repatriated in accordance with the
provisions of this Act after the termination of the marital status.
d. By direct act of Congress.
Article 5 Suffrage
Suffrage - is the right to vote in elections; obligation to vote. It
may be exercised by all citizens of the Philippines not otherwise
disqualified by law, at least 18 years of age, have resided in the
Philippines for at least one year and in the place wherein they
propose to vote for at least 6 months immediately preceding the
election.
The Congress
The Senate
It is composed of 24 senators elected at large by qualified voters
of the Philippines.
Qualifications of a Senator
Natural born citizen, and on the day of the election at least 35
years of age, able to read and write, a registered voter, and a resident of
the Philippines for not less than two years immediately preceding the
day of the election.
Legislative Districts
Apportionment shall be made in accordance with the number
of respective inhabitants (among provinces, cities and Metro Manila
area) on basis of a uniform and progressive ratio. But each city with
not less than 250,000 inhabitants shall be entitled to at least one
representative and each province, irrespective of number of
inhabitants, is entitled to at least one representative.
Parliamentary Immunities
Disqualification
(CASE: Ocampo vs. HRET, G.R. No. 158466, 6/15/04)
After his declaration as Congressman, Crespo, a.k.a. Mark Jimenez, was
found ineligible for office for lack of residence after he was declared a
winner in the Congressional election. Ocampo, the candidate who got
the second highest votes requested the electoral tribunal to declare him
the winner claiming that the votes garnered by Crespo are strayed
votes. It was held that a second placer cannot be proclaimed the first
among the remaining qualified candidates in the event that the highest
earner of votes is disqualified. The fact that the candidate who
obtained the highest number of votes is later declared to be disqualified
does not necessarily give the candidate who obtained the second
highest number of votes the right to be declared the winner of the
elective office. The votes cast in his favor cannot be declared stray as to
do so would amount to disenfranchising the electorate in whom
sovereignty resides.