Political Law Review

I. General Provisions
A. Political Law, meaning
B. Scope and Division of Political Law
C. Basis of the Study
D. Nature of the Constitution

Definition
Purpose
Classification (Form Creation - Amendment)
Qualities of a good written Constitutional
Essential Parts [People Government Sovereignty Territory (social justice)]
Brief Constitutional History
Malolos Constitution
American Regime and the Organic Acts
The 1935 Constitution
The Japanese (Belligerent) Occupation
The 1973 Constitution
The 1987 Constitution
1. Proclamation of Freedom Constitution
2. Adoption of the Constitution
Amendment and Revision
Philippines as a State
Definition of a state
vs Nation
vs Government
Elements of a State
[P]eople
[G]overnment
[S]overeignty
[T]erritory
State Immunity from Suit

I. General Principles
A. Political Law, meaning
organization & operations relations
B. Scope and Division of Political Law
Consti -authority (3 branches) bill of rights
Admin- organization (qualifications) remedies
Municipal - creation & organization scope & appli duties & liabilities
Law on Public Officers creation (eligibility) election rights, duties & liabilities
termination
Election conduct of election (who, w/in functions and responsibilities)

C. Basis of the Study

CONSTI
(1935, 1976, Provisional Constitution, 1987)
US Consti
(how, when?)

LEGIS
Organic Law
PHIL BILL of 1902
After the cessation of Spain to America pursuant to the Treaty of Paris, it included,
among others, cession of the PH by Spain to US. Then, since PH is under the
occupation of US, US Prez Mckinley ordered that the military be transformed into
civil government.
How will that be effected? The authority to exercise that part of the (legis in
nature) military power was transferred from military to CIVIL GOVERNMENT.
The Schurman Commission and the Taft Commission were then created.
The Spooner Amendment to the Army Appropriation Bill
PHIL BILL OF 1902 was then created from US Congress to convene and
organize PH a LEGIS BODY (with own rep)
Phil Assembly (lower)
Phil Commission (upper)
JONES LAW of 1916 (also known as Phil Autonomy Act of Aug 26, 1916)
Superseded Spooner Amendment
Superseded Phil Bill of 1902
It is the principal organic act of the PH (til 1935 Consti)
Preamble
BOR
Department of Govts (org & powers)
Electorate
Misc (finance $$$, franchise, salaries of VIP)
EXEC Gov General
LEGIS Bicam Legis
JUD SC, CFI and inferior

TYDINGS-MCDUFIE LAW (Phil Indie Act of Mar 24, 1934)

drafting of PH Consti
Commonwealth Govt
after 10 yrs (jap invasion?), PH indepedence

-Statutes
EXEC
-EO/D

JUDICIAL
-judicial decisions
D. Nature of the Constitution
Definition
what: body of rules and maxims
how (in connect with what): in accordance w/ w/c the powers of sovereignty
when: habitually exercised
#GOALZ: benefit of the body politic (WHAT IS BP? people and/or govt?)
formal requisites
in what form: written instrument
substantial
people
how created: enacted by the direct action of the people
government
by which
the fundamental powers of the govt are LIMITED and DEFINED
those powers are DISTRIBUTED among several depts for SAFE and
USEFUL EXERCISE

Purpose
permanent framework (like a blueprint)
assign depts
E/L/J
establish first principles on wc the govt is founded
Declaration of State policies and principles

Classification (Form Creation - Amendment)

Form (what is it for PH? Written?)
Written 1 docu/ set of docus
Unwritten scattered
Creation (what is it for PH? Conventional?)
Enacted (convention) definite time and place (by systematic method)
Evolved (cumulative) political (by accretion)
Amendment (what is it for PH? Rigid?)
Rigid formal (& usually difficult)
Flexible ordinary legislation

Qualities of a good written Constitutional

BBD (broad, brief, definite)
Broad (scope)
persons
things

 contingencies
Brief (form)
basic principles (leave minor details to legis as stated in Manila Prince Hotel vs
GSIS)
SELFEX complete in itself and does not need aid of
supplementing/enabling, and thus, may be ADOPTED
nature and extent of the right conferred liability
(ex. Sec 11, Art XII investment such as devt of natural resources,
ownership of land, educ insti, adver) RIGHTS are already provided
here!
NON SELFEX lays down general principles (guidelines for E/L/J)
(ex. Sec 26, Art II)
(general: no cause of action)
(xpn: affirmed justiciability)
the right to a balanced and healthful ecology
Oposa v Factoran
LLDA vs CA 1993
LLDA vs CA 1995
MMDA vs Residents of Manila Bay
Definite (form)
no to ambiguity otherwise, conflict and divisiveness (invalid &
discriminatory and prejudicial classifications)
verba legis appears on its face (G: ordinary use to give favor to people's
understanding; X: technical so as to solve ambiguity that could be
prejudicial)
if there's ambiguity, intent (OBJECT to be accomplished and EVILS to be
prevented/remedied)
if there's still ambiguity even if intent is already taken into considertaion,
how it was understood by the ppl ADOPTING it and not the intent of framers
(Civil Liberties Union vs Exec Sec)
as a whole (not allow a provision to defeat another)
in case of doubt
self-exec
manda > directory
prospective > retroactive

Essential Parts [People Government Sovereignty Territory (social justice)]

[P] Consti of Liberty civil and poli rights limits of govt re that rights (BOR, Art III)
[G] Consti of Govt organization rules (powers/electorate/duties) limits
(removal) (ART VI, VII, VIII and IX)
[S] Consti of Sovereignty formal changes (ART XVII Amendment & Revisions)
[T] Consti of Social Justice econ/social/ cultural rights

Brief Constitutional History

Malolos Constitution
a) Phil Revolution of 1896 Katipunan, Tejeros Convention
Biak na Bato Republic (2 years effect)
b) Proc of PH Indie at Kawit, Cavite on June 12, 1898 (+ local govt organization)
due to the Dictatorial Government on May 23, 1898
c) Revolutionary Congress
On June 29, 1898 EA replaced the Dictatorial Govt + Congress stripped of its
advisory and ministerial functions
Malolos Constitution formally ratified the proclamation of PH indie
Drafts by Paterno, Mabini and Calderon
d) Calderon proposal was reported and approved
e) EA approved the same
On June 29, 1898 EA replaced the Dictatorial Govt + Congress stripped of its
advisory and ministerial functions
f) EA promulgated
On June 21, 1899, Malolos Constitution formally ratified the proclamation of
PH indie
American Regime and the Organic Acts
a) Treaty of Paris (Dec 10, 1898)
b) US Prez Mckinley's Instructions
c) Spooner Amendment to the Army Approp Bill
d) The Phil Bill of July 1, 1902
e) The Jones Law (Phil Auto Act of August 29,1916)
f) Tydings- McDufie
The 1935 Constitution
passed Act 4125 (May 26, 1934) election of ConCon delegates
election: July 10, 1934; Concon: July 30, 1934
draft consti approved, brought to Washington
US Prez Franklin Roosevelt certified ( substantially with Tydings Mcduffie)
PLEBISCITE on May 14, 1935
PHIL COMMONWEALTH (Nov 15, 1935)
amendment no. 1: appended to Consti; Tydings-Kocialkowski Act of Aug 7,
1939
amendment no. 2: 1940;
a) term of VP (4 years from 6 years)
b) not more than 8 years
c) unicam to bicam
d) *COMELEC was created
amendment no. 3: 1947 (Parity amendment)
25 years of utilization and exploitation granted to Americans
FULL INDEPENDENCE inauguration of 3rd Phil Rep
The Japanese (Belligerent) Occupation
CIC ordered continuity
Order 1: Phil Executive Comm

EO 1 & 4: SC, CA, CFI, Justice of Peace Courts

2nd REP of the PH (Jose Laurel as Prez)
The 1973 Constitution
The 1987 Constitution
1. Proclamation of Freedom Constitution
2. Adoption of the Constitution
Amendment and Revision
Philippines as a State
Definition of a state
vs Nation
vs Government
Elements of a State
[P]eople
[G]overnment
[S]overeignty
[T]erritory
State Immunity from Suit

II. Article I
III. Doctrine of State Immunity