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
Constitutional Law - study of the structure and powers of the
Government of the Republic of the Philippines
- in general, it’s a term used to designate the law embodied in the
Constitution and the legal principles growing out of the
interpretation and application made by courts of the provisions of
the Constitution
Scope of Constitution Law 1 - basic concepts of Political Law--
nature of the State, supremacy of the Constitution, separation of
powers, rule of the majority
The Constitution - 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
Purpose of the Constitution - to prescribe the permanent
framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish
certain first principles on which the government is founded
Constitution State
legislation’s direct from the legislation from the people’s
people representation
states general principles provides details of the subject
to which it treats
intended not merely to meet intended primarily to meet
existing conditions existing conditions only
fundamental law of the State to
which all other laws and
statutes must conform
Most Notable Flaw of the 1987 Constitution: its verbosity and
consequent prolixity that have dampened popular interest in what
should be the common concern of the whole nation
- full of platitudes (boring)
- it wants to contain/explain so many things
Why has it become like this?
- to effectively limit the power of the President; written after
EDSA Revolution
- judiciary is stronger than the executive; even covers political
questions beyond the jurisdiction
How are Constitutions Classified?
1) Written or unwritten - a written constitution is one whose
precepts are embodied in one document or set of documents; while
an unwritten constitution consists of rules which have not been
integrated into a single, concrete form but are scattered in various
sources, such as statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and traditions, and
certain common law principles (ex. United Kingdom, Israel)
2) Enacted (Conventional) or 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
constitution is the result of political evolution, not inaugurated at
any specific time but changing by accretion rather than by any
systematic method
c) Rigid or Flexible - a rigid Constitution is one that can be
amended only by a formal and usually difficult process; while a
flexible Constitution is one that can be changed by ordinary
legislation
Qualities of a Good Written Constitution
1) Broad - Not just because it provides for the organization of the
entire government and covers all persons and things within the
territory of the State but because it must be comprehensive enough
to provide for every contingency
2) Brief - It must confine itself to basic principles to be
implemented with legislative details more adjustable to change and
easier to amend
c) Definite - To prevent ambiguity in its provisions which could
result in confusion and divisiveness among the people
Essential Parts of a Good Written Constitution
1) Constitution of Liberty - The series of prescriptions setting
forth the fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a means of
securing the enjoyment of those rights, e.g., Art. III.
2) Constitution of Government - The series of provisions
outlining the organization of the government, enumerating its
powers, laying down certain rules relative to its administration, and
defining the electorate, e.g., Arts. VI, VII, VIII and IX.
3) Constitution of Sovereignty - The 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
Interpretations of the Constitution/Statutory Construction
1) In Francisco v. House of Representatives, G.R. No. 160261,
November 10, 2003, the Supreme Court made reference to the use
of well- settled principles of constitutional construction, namely:
First, verba legis. i. e., whenever possible, the words used in the
Constitution must be given their ordinary meaning except where
technical terms are employed. As the Constitution is not primarily
a lawyer’s document, it being essential for the rule of law to obtain
that it should ever be present in the people’s consciousness, its
language as much as possible should be understood in the sense
they have a common use. Second, where there is ambiguity, ratio
legis est anima. The words of the Constitution should be
interpreted in accordance with the intent of the framers. Thus, in
Civil Liberties Union v. Executive Secretary, 194 SCRA 317, it
was held that the Court in construing a Constitution should bear in
mind the object sought to be accomplished and the evils sought to
be prevented or remedied. A doubtful provision shall be examined
in light of the history of the times and the conditions and
circumstances under which the Constitution was framed. Third, ut
magis valeat quam pereat. i.e., the Constitution has to be
interpreted as a whole. In Civil Liberties Union, it was declared
that sections bearing on a particular subject should be considered
and interpreted together as to effectuate the whole purpose of the
Constitution and one section is not to be allowed to defeat another,
if by any reasonable construction, the two can be made to stand
together.
2) If, however, the plain meaning of the word is not found to be
clear, resort to other aids is available. Again in Civil Liberties
Union, supra., it was held that while it is permissible to consult the
debates and proceedings of the constitutional convention in order
to arrive at the reason and purpose of the resulting Constitution,
resort thereto may be had only when other guides fail as said
proceedings are powerless to vary the terms of the Constitution
when the meaning is clear. We think it safer to construe 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.
3) In case of doubt, the provisions should be considered self-
executing; mandatory rather than directory; and prospective rather
than retroactive.
4) Self-executing provisions. A provision which lays down a
general principle is usually not self-executing. But a provision
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, is self-executing.
a. Thus, a constitutional provision is self-executing if the nature
and extent of the right conferred and the liability imposed are fixed
by the Constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language
indicating that the subject is referred to the legislature for action.
b. Section 26, Article II of the Constitution neither bestows a right
nor elevates the privilege to the level of an enforceable right. Like
the rest of the policies enumerated in Article II, the provision does
not contain any judicially enforceable constitutional right but
merely specifies a guideline for legislative or executive action; it
lays down a general principle. The disregard of this provision does
not give rise to any cause of action before the courts. This is a non-
self-executing provision.
Amendment of the Consti Revision of the Consti
change some things but retain can change the entirety
the general principle
Doctrine of Constitutional Supremacy - 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.
- must always remain supreme, all must bow to the mandate of this
law, expediency must not be allowed to sap its strength nor greed
for power debase its rectitude
- no act shall be valid if it conflicts with the Constitution
“Even the will of the people must refer to the Constitution.”
Yes because the Constitution is a social contract whereby the
people ratifying and adopting the Constitution surrendered part of
their sovereignty to the State for the common good.
- must also uphold the supremacy of the Consti
* Manila Prince Hotel v GSIS
If the Supreme Court declares a particular law as unconstitutional,
does it mean the judiciary department is superior to the other
departments?
- No, it’s just interpreting its laws, asserting the supremacy of the
Constitution.
Effects of Declaration of Unconstitutionality (2 Views)
1) Orthodox view: An unconstitutional act is not a law; it confers
no rights; it imposes no duties; it affords no protection; it creates
no office; it is inoperative, as if it had not been passed at all.
2) Modern view: Courts 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.
Operative Fact Doctrine - The general rule is that a void law or
administrative act cannot be the source of legal rights or duties.
This is an exception to the general rule to apply a matter of equity
and fair play. It nullifies the effects of an unconstitutional law by
recognizing that the existence of a statute prior to a determination
of unconstitutionality is an operative fact (there MUST be a
legislative act/executive measure) and may have consequences that
which cannot always be ignored. The past cannot always be erased
by a new judicial declaration. The doctrine is applicable when a
declaration of unconstitutionality will impose an undue burden on
those who have relied on the invalid law. Thus, it was applied to a
criminal case when a declaration of unconstitutionality would put
the accused in double jeopardy or would put in limbo the acts done
by a municipality in reliance upon the law creating it.
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.
Nation - indicates a relation of birth/origin and implies a common
race, characterized by a community of language and customs
* nation = racial/ethnic concept; state = legal/juristic concept
Government - merely an instrumentality of the State through
which the will of the State is implemented and realized
Elements of State
- people, territory, government, sovereignty (PeTer GoSo)
1) People - inhabitants of the State
* requisite for Statehood: adequate number for self-sufficiency and
defense; of both sexes for perpetuity
a) inhabitants
b) electors
c) citizens
2) Territory - fixed proportion of the surface of the earth inhabited
by the people of the State
The National Territory: “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 submarine areas. The waters
around, between, and connecting the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of
the Philippines.”
* Components: Terrestrial, Fluvial and Maritime, Aerial domains
- territories by historic right/legal title are still covered even if this
phrase was removed
Archipelagic Doctrine: “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.”
- an archipelago, which consists of a number of islands separated
by bodies of water, should be treated as ONE integral unit
Territorial Sea Contiguous Zone Exclusive
Economic Zone
12 nautical miles 24 NM from bl 200 NM from bl
from baseline
Every maritime zone, we have different rights.
* Straight Baseline Method - imaginary straight lines are drawn
joining the outermost points of outermost islands of the
archipelago, enclosing an area the ratio of which should not be
more than 9:1 (water to land); provided that the drawing of
baselines shall not depart, to any appreciable extent, from the
general configuration of the archipelago. The waters within the
baselines shall be considered internal waters; while the breadth of
the territorial sea shall then be measured from the baselines
3) Government - agency or instrumentality through which the will
of the State is formulated, expressed and realized
a. constituent - mandatory for the Government to perform because
they constitute the very bonds of society
e.g. maintenance of peace and order, regulation of property and
property rights, the administration of justice, etc.
b. ministrant - those intended to promote the welfare, progress
and prosperity of the people, and which are merely optional for
Government to perform; advance the general interests of society
e.g. public charity, regulation of trade and industry
Doctrine of Parens Patriae - "parent of the people"; the
Government may act as guardian of the rights of people who may
be disadvantaged or suffering from some disability or misfortune

De Jure and De Facto Government

De jure - has rightful title but no power/control; one established by
the authority of the legitimate sovereign

De facto - government of fact, exercises power/control but w/o

legal title; one established in defiance of the legitimate sovereign
a. de facto proper - government that gets possession and control
of, or usurps, by force/by the voice of the majority, the rightful
legal government and maintains itself against the will of the latter
b. government of paramount force - established and maintained
by military forces who invade and occupy a territory of the enemy
in the course of war
c. independent government - rise in insurrection against the
parent state

4) Sovereignty - the supreme and uncontrollable power inherent in

a State by which that State is governed
- permanent, exclusive, comprehensive, indivisible, inalienable,
and imprescriptible

2 Kinds of Sovereignty
1) Legal sovereignty - the power to issue final commands
2) Political sovereignty - the sum total of all the influences which
lie behind the law

* internal - power of the State to control its domestic affairs

* external - power of the State to direct its relations with other
States; independence

Theory of Auto-Limitation - Sovereignty is the property of the

state-force due to which it has the exclusive capacity of legal self-
determination and self-restriction.

Change in Sovereignty - political laws are abrogated; municipal

laws remain in force

Belligerent (hostile/aggressive) Occupation - no change in

sovereignty; the political laws of the occupied territory are merely
suspended, subject to revival under the just postliminium upon the
end of the occupation

Purpose and Effect of 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.”
- to introduce the Constitution (indicates authorship)
- enumerates the primary aims and aspirations of the framers in
drafting the Consti; serves as an aid in the construction and the
interpretation of the Consti