Political System and regulations shall be valid only when they are not
contrary to the laws
Constitution – The written instrument enacted by
direct action of the people by which 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. (Justice George A. Malcolm)
Philippine Constitution:
 Defines the powers of the three branches of
federal government
 Establishes the broad powers of the federal
and state governments, and defines the
relation between the federal and state
governments
 Defines the rights of members of society
Supreme Law: The Constitution is the supreme law
of the land, it is the basic paramount law to which all
other law must conform and to which all persons,
including the highest officials of the land must defer.
In case of conflict, the Constitution must prevail.
Hierarchy of Laws
1. Constitution – it was created by the
sovereign people through the ratification
process
2. Statutes – created by the congress
3. IRRs – written by agencies in the Executive
branch to put statute into force
4. Jurisprudence
 Citing a provision of a higher level of law
will win over a provision of an inferior law
Article 7 of the New Civil Code, RA 386:
Law are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by
disuse or custom or practice to the contrary. When
the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter
shall govern. Administrative or executive acts, orders
 Laws enacted must be in harmony with the
constitution and be declared
unconstitutional if otherwise
Article 10, New Civil Code, RA 386:
In case of doubt in the interpretation of application
of laws, it is presumed that the lawmaking body
intended right and justice to prevail
Orthodox View: Not law. No right. As if not passed.
Modern View: court simply refuses to recognize.
The Philippine State
The Philippines is a state since it has all the elements
of a state.
Section 1, Article II, 1987 Constitution:
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all
government authority emanates from them.
The Philippine National Territory:
Section 1, Article 1, 1987 Constitution:
The national territory comprises of 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 sea bed, the
subsoil, the insular shelves, and other submarine
areas. The waters around, between and connecting
the island of the archipelago, regardless of their
breadth and dimensions, form part of the internal
waters of the Philippines
Political laws are applicable only within Philippine
National Territory and embassies. Although, there
are also exemptions.
Article 2, Revised Penal Code, Act No. 3815:
Except as provided in the treaties and laws of
preferential application, the provisions of this code
shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior
waters, and maritime zone, but also outside its
jurisdiction against those who:
1. Should commit an offense while on a
Philippine ship or airship.
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
government of the Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands o the
obligations and securities issued by the
government of the Philippine Islands
4. While being public officers or employees,
should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against
national security and the law of nations
Family Laws binding upon Filipinos
Article 15, New Civil Code, RA 386:
Laws relating to family right and duties or to the
status, condition and legal capacity of the persons
are binding upon citizens of the Philippines, even
though living abroad
 Divorce not recognized in the PH
Lex Rei Sitae – legal doctrine of property law and of
International Private Law
- Latin for “The law where the property is
situated”
- Law governing transfer of property
Article 16, New Civil Code, RA 386:
Real Property as well as personal property is subject
to the law of the country where it is situated.
Lex Loci Celebrationis – “law of the place where the
solemnity is celebrated”
Article 17, New Civil Code, RA 386:
The forms and solemnities of contracts, wills, and
other public instruments shall be governed by the
laws of the country in which they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities
established by the Philippine laws shall be observed
in their execution
Prohibitive laws concerning persons, their acts or
property and those which have, for their object,
public order, public policy and good customs shall
not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
agreed upon in a foreign country.
Branches of Government
Executive Branch – headed by president
Legislative Branch – headed by Senate President and
Speaker of the House
Judiciary Branch – headed by Chief Justice of
Supreme Court
Powers of the Philippine State
Police Power of the State – power of the state to
regulate liberty and property for the promotion of
the general welfare
Power of Eminent Domain – enables the State to
acquire private property, upon payment of just
compensation
Power of Taxation - power of the state to demand
from the members of the society their proportionate
share or contribution in the maintenance of the
government
Doctrine of Separation of Powers - prevent
concentration of authority
Checks and Balances - One department is allowed
to resist encroachments upon its prerogatives or to
rectify mistakes or excesses committed by the other
departments
Legislative Department (Power of the Purse) –
Section, Article VI has the power to make laws also
includes the power to repeal, amend or alter the
laws
Power of appropriation, taxation, and expropriation,
power to canvass presidential elections, declare
existence of war, impeach
Executive Department (Power of the Sword) –
Section 1, Article VII of the 1987 Constitution:
Executive power shall be vested in the president of
the PH

Appoint power, remove power, control power,

military power

Judiciary Department

Section 1, Article VIII, 1987 Constitution

Judicial power shall be vested in one Supreme Court

and in such lower courts as may be established by
law

Determine whether or not there has been a grave

abuse of discretion amounting to lack of excess of
jurisdiction on the part of many branch or
instrumentality of the government

Article 8, New Civil Code, (Judicial Power)

Judicial decisions applying or interpreting the laws or

the constitution shall form part of the legal system
of the Philippines
 III. Judicial System

1987 Constitution, Section 1, Article VIII vests the

judicial power in “In one Supreme Court and in such
lower court as may be established by law”

 Court may sit en banc or in 3 divisions of 5

members each.

Court – organ of the government belonging to the

judicial department, whose function is the
application of laws to controversies brought before
it and the public administration

Bar - aggregate lawyers whose names are included in

the Roll of Attorneys of the Supreme Court

Bench - indicated the seats of judges

Jurisprudence – refers to the philosophy of law, or

the science which treats of the principles of positive
law and legal relations

- Aggregate of decisions issued by the

Supreme Court

Judges - presiding officers of the lower trial courts

Justices – judicial officers

 No Trial by Jury