The Philippine Political Law

By Justice Isagani Cruz

Chapter 1
General Considerations
Scope of the Study
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 1 and 2 !dministrative
Law Law of "ublic #fficers $lection Law
and the Law on %unicipal Corporations.
Constitutional Law I
- &he study of the structure and powers of
the Governent of the 'epublic of the
"hilippines.
- (eals with certain !asic concepts of
"olitical Law such as the nature of the
State the Supreacy of the Constitution
the Separation of powers and the rule of
the a"ority#
$hy do weed to study Political Law%
- )or us to understand the mechanics and
motivations of the government. *f we
understand it more we can ta+e active
involvement in public affairs,which can be
the cause of the success of the '".
- -nder the law all educational institutions
shall include the study of the Constitution as
the part of the curricula.
Basis of the Study
-&he 1./0 Constitution adopted on
)ebruary 2 1./0
June 1&' 1()(
"hilippine *ndependence
January &1' 1()(
)irst "hil. 'epublic was established
*alolos Constitution
1as the first democratic consti. $ver to be
promulgated in whole !sia.
"arliamentary
"resident as the head of government
&reaty of "aris on (ecember 12 1/./
Cession of the phil. islands by Spain to the
-.S.
*ilitary+Civil ,ule
Schurman Commission
)irst "hil. Commission
Created to ma+e a fact-finding survey of
the "hil. *slands and submit appropriate
recommendations to the -.S. Congress.
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Taft Coission
2
nd
Commission
&oo+ over all the legislative powers and
some of the e3ecutive and 4udicial powers of
the military governor.
July -' 1).1-"ursuant to the Spooner
!mendment civil government was
established in the "hil. *slands with 1illiam
5oward &aft as the first governor.
Phil# Bill of 1).&
- &he "hil. !ssembly was created in 1.20 to
sit with the "hil. Commission in a bicameral
legislature.
Sergio /sena
- *nitially and successively elected spea+er of
the "hil. !ssembly until its dissolution in
1.16.
Jones Law
- $stablished inter alia a "hil. legislature
consisting of a Senate and a 5ouse of
'epresentatives
- %anuel 7uezon 8 "resident9
- Sergio #smena 8Spea+er9
Tydings+*cduffie 0ct
-authorized the establishment of the
Commonwealth of the "hilippines.
-promised independence to the )ilipinos if
they could prove their capacity for
democratic government during a ten-year
transition period.
Constitutional Convention
)ramed the Constitution of 1.:; which was
ratified on %ay 1< 1.:;
Led the inauguration of the Commonwealth
=overnment on >ovember 1; 1.:;.
o 7uezon-1
st
"resident
o #smena ?@"
July -' 1)-1
&he -S formally withdrew its sovereignty
over the "hilippines.
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"res. %anuel 'o3as thereupon asserted the
freedom of the )ilipino people and
proclaimed the '".
Constitutional Convention of 1)21
Septe!er &1' 1)2&
"resident )erdinand $. %arcos issued
proclamation >o. 12/1 placing the entire
"hilippines under martial law.
3ove!er 4.' 1)2&
&he draft of the 1.0: Constitution was
formally approved by the Constitutional
Convention and during a series of meetings
held on Aanuary 12-1; 1.0: was
submitted to the Citizens !ssemblies for
ratification.
January 12' 1)24
&he Constitution of 1.0: was ratified
January 12' 1)(1
"resident %arcos issued "roclamation
lifting martial law
5e!ruary &&' 1)(1
(efense %inister Auan "once $nrile and
=eneral )idel 'amos began the "eople
"ower revolution that led to the ouster of
"resident %arcos and his replacement by
"resident Corazon !Buino who with @ice-
"resident Salvador Laurel her running mate
were inducted on )ebruary 2; 1./6.
5reedo Constitution
1hich was to be in force pending the
adoption of a new Constitution to be drafted
by a Constitutional Commission which she
also created.
Constitution of the Philippines
1ritten instrument by which the
fundamental powers of the government are
established limited and defined and by
which these powers are distributed among
the several departments or branches for
their safe and useful e3ercise or the benefit
of the people.
o Serves as the supreme fundamental
law
Charter creating the
government.
&he law to which all other
laws must conform and in
accordance with which all
private rights must be
determined and all public
authority administered.
*t is the test of legality of all
governmental actions.
o $stablishes basic framewor+ and
underlying principles of government.
Set limits on the otherwise
unlimited power of the
legislature.
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Constitutional Law
&he branch of public law which treats
constitutions their nature formation
amendment and interpretation.
&he law embodied in the Constitutions as
well as the principles growing out the of the
interpretation and application made by
courts of the provisions of the constitution in
specific cases.
Chapter 4
The Concept of the State
State
*s a community of persons more or less
numerous permanently occupying a fi3ed
territory and possessed of an independent
government organized for political ends to
which the great body of inhabitants render
habitual obedience.
6leents
"eople
o &he inhabitants of the State
o >o legal reBuirement as to their
number
o &he people are more comprehensive
and less cohesive than the nation
o 1hen people share certain
characteristics- they are called
>ation
o >ation as a people bound together
by common attractions and
repulsions into a living organism
possessed of a common pulse
&erritory
o )i3ed portion of the surface of the
earth inhabited by the people of the
State.
o &errestrial domain- land mass
o *nland and $3ternal 1aters-
maritime and fluvial domain
o !ir Space-aerial domain
o !rchipelago (octrine- under which
we connect the outermost points of
our archipelago with straight
baselines and consider all the
waters enclosed thereby as internal
waters.
=overnment
o *s the agency or instrumentality
through which the will of the State is
formulated e3pressed and realized.
o "romote welfare of the people.
)unctionsC
Constituent+ constitute the
very bonds of the society and
are therefore compulsory.
*inistrant+ those
underta+en to advance the
general interests of society
such as public wor+s public
charity and regulation of
trade and industry
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Sovereignty
o
!dditionalC
'ecognition and possession of a
sufficient degree of civilization
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