1. What is Law?

In the general sense (derecho), law is defined as the science of moral laws based on the rational nature of
man. These moral laws govern his free activity for the realization of his individual and social ends. They are,
by their very nature, demandable and reciprocal.
When we speak of law in the general sense, we are referring to the abstract and moral conception of law.
Morality recognizes that humans, as rational creatures, have free will, and that they have every right to
exercise this free will to achieve their unique and individual aspirations. This right cannot be infringed and
must be respected by other humans.
In the specific sense (ley), law is is defined as a rule of conduct. These rules of conduct are just and
obligatory. They are promulgated by legitimate authority (typically by the Legislature). They are of common
observance and benefit.
Law in the specific sense is the common and popular definition of law. It refers to the rules established by an
instrumentality of the State—usually the Congress—that either direct conduct, prohibit conduct, impose
rights or duties, or repeal or modify another law. There is a presumption that these rules are just, and may
only be struck down by an instrumentality of the State that has the power to do so. These rules must be
observed by everyone under Philippine jurisdiction, subject to limitations imposed by the rules themselves.
2. What is Political Law?
Political law – 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. [People v. Perfecto, 43 Phil 88, 1922]

Scope of Political Law - The entire field of political law may be subdivided into:

(1) The law of public administration;

(2) Constitutional law,

(3) Administrative law, and

(4) The law of public corporations.

These four subdivisions may be briefly described for the time being, as follows: The first deals with the
organization and management of the different branches of the government; the second, with the guaranties of the
constitution to individual rights and the limitations on governmental action; the third, with the exercise of executive
power in the making of rules and the decision of questions affecting private rights; and the last, with governmental
agencies for local government or for other special purposes. [Sinco 1]

Constitutional Law – designates the law embodied in the Constitution and the legal principles growing out of the
interpretation and application of its provisions by the courts in specific cases. It is the study of the maintenance of the
proper balance between the authority as represented by the three inherent powers of the State and liberty as
guaranteed by the Bill of Rights.

a. Cases
i. PEOPLE OF THE PHILIPPINE ISLANDS vs. GREGORIO PERFECTO (43 Phil 887)
The crime of lese majeste disappeared in the Philippines with the ratification of the Treaty of Paris. Ministers
of the Crown have no place under the American flag.
ii. Macariola vs Asuncion 114 SCRA 77
 Upon the transfer of sovereignty from Spain to the United States and later on from the United States to the
Republic of the Philippines, Art. 14 of the Code of Commerce must be deemed to have been abrogated because
where there is a change of sovereignty, the political laws of the former sovereign, whether compatible or not
with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by
affirmative act of the new sovereign.

3. What is Constitution?
Constitution defined (1) It is the document which serves as the fundamental law of the state; that written
instrument enacted by the 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 [Malcolm, Phil. Constitutional Law].

(2) "A law for the government, safeguarding individual rights, set down in writing." [Hamilton]

(3) According to Schwartz, "a constitution is seen as an organic instrument, under which governmental powers
are both conferred and circumscribed. Such stress upon both grant and limitation of authority is fundamental in
American theory. 'The office and purpose of the constitution is to shape and fix the limits of governmental
activity.'" [Fernando, The Constitution of the Philippines, 20-21, 2nd ed., 1977]

a. Nature
The Constitution 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 intentions, if it conflicts
with the Constitution.

b. Classification
1. Written v. unwritten. A written constitution is one whose precepts are embodied in one document or set of
documents; while an unwritten constitution consist of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as statutes of fundamental character, judicial decisions,
commentaries of publicists, customs and traditions. [Cruz, Constituional Law, pp. 45; Nachura, Outline Reviewer in
Political Law, p. 2]
2. Enacted (conventional) v. evolved (cumulative). A conventional constitution is enacted, formally struck off at a
definite time and place following a conscious or deliberate effort taken by a constituent body or ruler; while a
cumulative body is the result of political evolution, not inaugurated at any specific time but changing by accretion
rather than by any systematic method. [Cruz, ibid, p.5].
3. Rigid v. flexible - A constitution is classified as rigid when it may not be amended except through a special process
distinct from and more involved than the method of changing ordinary laws. It is supposed that by such a special
procedure, the constitution is rendered difficult to change and thereby acquires a greater degree of stability. A
constitution is classified as flexible when it may be changed in the same manner and through the same body that
enacts ordinary legislation. The British Constitution is flexible.
c. Qualities and essential parts
A constitution's stability depends upon other factors than the mere rigidity or flexibility of the amending
process, such as (1) the general temperament of the people and their leaders and (2) the degree of a nation's political
maturity and social homogenity. [Sinco 68-70]

Parts of the Constitution

(1) Constitution of Government – establishes the structure of government, its branches and their operation.

(2) Constitution of Sovereignty — provides how the Constitution may be changed.

 (3) Constitution of Liberty — states the fundamental rights of the people.

The Philippine Constitution is written, enacted and rigid.

4. Why did the Filipino people promulgate the constitution? (base on preamble)
The Filipino people promulgate the constitution because sovereignty resides in the people. Preamble states
that constitution was made for the common good and general welfare of the Filipino people. It expresses the
concept that public officials only have the authority given by them by law and their authority only continues
only with the consent of the people. The people have the rights guaranteed by the constitution while
government has the power.
5. What is Ratification?
Ratification – the proposed amendment shall be submitted to the people and shall be deemed ratified by the
majority of the votes cast in the plebiscite, held not earlier than 60 days nor later than 90 days:
a. After approval of the proposal by Congress or Concon;
b. After certification by the COMELEC of sufficiency of petition of the people.
a. Political vs. Justiciable question
The term ―political question‖ refers to: (1) matters to be exercised by the people in their primary political
capacity; or (2) those specifically delegated to some other department or particular office of the government,
with discretionary power to act. It is concerned with issues dependent upon the wisdom, not legality, of a
particular measure. [Tañada v. Cuenco, (1957)] In recent years, the Court has set aside this doctrine and
assumed jurisdiction whenever it found constitutionally-imposed limits on the exercise of powers conferred
upon the Legislative and Executive branches [BERNAS].
Justiciable question. RTC has to determine whether there is a genuine necessity for its exercise, as well as
what the property‘s value is.
b. Case
i. JOSUE JAVELLANA vs. THE EXECUTIVE SECRETARY
1. Javellana vs. Executive Secretary – Petitioners now seek to enjoin the respondents from
implementing any of the provisions of the ―new constitution‖ not found in the 1935 Constitution,
on the theory that it was not validly ratified in accordance with the provisions of Art.1, Section XV.
Held: Although the question of whether a Constitution was validly ratified is a justiciable question,
the question whether a Constitution has come into force and effect is a political question beyond
the competence of the SC to decide.
6. Constitutional Construction
a. Cases
i. Perfecto v Meer 85 Phil 552
ii. Endencia vs David 93 Phil 696
iii. Nitafan v CIR 152 SCRA 284
7. Essential Part of Constitution
a. Self-Executing Provision
b. Case
i. Manila Prince Hotel vs GSIS : 122156 : February 3, 1997
 8. Constitutional History
a. 1935 Constitution
i. President Mckinley’s instruction to the Second Philippine Commission
ii. Philippine bill 1902
iii. Philippine Autonomy Act of 1916
iv. Jones Law 1960
v. Tydings Mcduffie Law
vi. Case
1. Aquino v Enrile 59 SCRA 183
b. 1973 Constitution
i. Case
1. Javellana vs. Executive Secretary
c. 1986 Snap Presidential Election
i. Case
1. PHILIPPINE BAR ASSOCIATION vs. COMELEC
9. What is a State?
THE STATE is a community of persons, more or less numerous, permanently occupying a fixed territory,
and possessed of an independent government organized for political ends to which the great body of
inhabitants render habitual obedience.
10. What are the elements of the State?
PEOPLE - refers to the inhabitants of the State.

Requisites:

1. Numerous to be self sufficing

2. Numerous to defend selves
3. Small enough to administer and sustain
May develop shared characteristics, which will unite them into a nation

TERRITORY- is the fixed portion of the surface of the earth inhabited by the people of the State

Requisites:

1. Must not be too big to administer and defend

2. Must not be too small to unable to provide for the needs of the population
Components:

1. Terrestrial domain – land mass

2. Maritime and Fluvial domain – inland and external waters
3. Aerial domain – air space above the land and the waters

See Article I of the 1987 Constitution

GOVERNMENT- is the agency or instrumentality through which the will of the State is formulated, expressed and
realized.

Components (Expound):
 1. Functions
2. Parens Patriae
3. De Jure and De Facto Governments
4. “Government of the Philippines”
5. Administration
SOVEREIGNTY - is the supreme and uncontrollable power inherent in a State by which that State is governed.”

11. What kind of state is the Philippines?

The Philippines is a democratic and republican state wherein all government authority emanates from the
people and is exercised by representatives chosen by the people. It is democratic because it shares some
aspect of direct democracy such as initiative and referendum in article VI, section 32 and article XVII section 2.
The Philippines is a democratic and republican state because it is run by the people through their chosen
representatives who in turn are accountable to the will of the people. It manifest that 1.) it is a government of
laws and not of men; 2.) rule of majority or plurality in elections 3.) accountability of public officials 4.) bill pf
rights 5.) proscription against passage of irrepealable laws and 6.) separation of powers
12. What is territory
Aticle I
13. What are the states policies?
Aticle 2 section 1-6
14. What is Government?
Constituent – constitute the bonds of society and are therefor compulsory. Example of constituent functions
 The keeping order and providing for the protection of persons and property from violence and
robbery (Security of Persons & Property)
 Fixing the legal relations between husband and wife and between parents and children (Family
Relations)
 The regulation of the holding, transmission, and interchange of property, and the determination of
its liabilities for debt or for crime (Trade & Liabilities)
 The determination of contractual rights between individuals (Labor Rights)
 The definition and punishment of crimes (Penal Liabilities)
 The administration of justice in civil cases (Civil Justice)
 The administration of political duties, privileges and relations of citizens. (Political Duties, Priviliges,
And Relations)
 The dealings of the State with foreign powers; the preservation of the State from external danger or
encroachment and the advancement of its international interests (Foreign Dealings & Protection)
Ministrant – are those undertaken to advance the general interests of society (merely optional). However, it is the
performance of ministrant functions that distinguishes the paternalistic government from the merely individualistic
government.
 Public Works
 Public Charity
 Regulation of Trade & Industry
Regardless of their form, governments are either de jure or de facto.

1. De Jure Government – Has rightful title, but no power or control

• Either because the power or control has been withdrawn from it or because it has not yet actually entered into
the exercise thereof.

2. De Facto Government – Has no legal title, but exercises power or control.

3 KINDS OF DE FACTO GOVERNMENT

1. The government that gets possession and control of, or usurps, by force or by the voice of the majority,
the rightful legal government and maintains itself against the will of the latter

a. Example:

 Government of England under the Commonwealth

Pariliament by Cromwell as Protector

2. That established as an independent government by the inhabitants of a country who rise in insurrection
against the parent state

a. Example:

 Government of Southern Confederacy

Revolt against the Union during the war of secession in the U.S.

3. That which is established and maintained by military forces who invade and occupy a territory of the
enemy in the course of war, and which is denominated as a government of paramount force

a. Example:
i. Caistine, Main
1. Reduced to a British Possession in the war of 1812
ii. Tampico, Mexico
1. Occupied during the war with Mexico by the troops of the U.S.
d. People Power Revolt
a. Proclamation 1- February 23, 1986
b. Proclamation 3 – March 25, 1986
c. Case
i. Lawyers League vs Aquino G.R. No. 73748 - May 22, 1986
ii. In Re Saturnino Bermudez, 145 SCRA 160
e. Freedom Constitution
i. Kind of State
ii. Structure of Government
iii. Composition of Legislative Department
iv. Powers of the Congress
f. 1987 Constitution
a. Cases
i. IN RE: LETTER OF REYNATO PUNO June 29, 1992, 210 SCRA
b. Effectivity of 1987 constitution
i. Case on de Leon v. Esguerra , 153 SCRA 602
15. Amendment Process
i. Amendment vs. Revision
 b. Executive power vested on whom?
c. How was he elected?
d. Powers of the President
16. Ratification
a. Doctrine of Proper Submission
i. Case on Tolentino vs. Comelec, 41 SCRA 702

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