Professional Documents
Culture Documents
POLITICAL LAW
It is that branch of Public Law which deals with the organization and operations of the governmental
organs of the state and defines its relations with the inhabitants of its territory. (People v. Perfecto GR
L18463 October 4, 1922)
It is a general principle of the public law that on acquisition of territory the previous political relations of
the ceded region are totally abrogated. "Political" is here used to denominate the laws regulating the
relations sustained by the inhabitants to the sovereign. xxx Every nation acquiring territory, by treaty or
otherwise, must hold it subject to the Constitution and laws of its own government, and not according
to those of the government ceding it. Macariola v. Asuncion 114 SCRA 77
Upon the transfer of sovereignty from Spain to the US and later to RP, the provisions 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.
MUNICIPAL LAW
That which pertains solely to the citizens and inhabitants of a State. Deals with the CONDUCT or
STATUS of Individuals, Corporations, and other “PRIVATE” entities within a particular State.
JUSTICIABLE QUESTION
Implies a given right, legally demandable and enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law for said breach of right. (Casibang vs. Aquino, 92 SCRA
642)
CONSTITUTION
The Constitution is the basic and paramount law to which all other laws must conform and to which all
persons, including the highest officials, must defer. Three (3) parts of a written Constitution
1. Constitution of Sovereignty (Article XVII – Amendments and Revisions)
2. Constitution of Liberty (Article III – Bill of Rights)
3. Constitution of Government (Article VI, VII, VIII, IX)
It should be interpreted:
1. Verba Legis – ordinary meaning of the words used
2. Ratio legis et anima – intent of the framers
3. Ut magis valeat quam pereat – as a whole (Francisco vs HR GR160261 11.10.03)
JUSTICIABLE QUESTION on EDSA I vs. EDSA II: Estrada v. Arroyo GR 146738 - The Court also
distinguished between EDSA People Power I and EDSA People Power II. EDSA I involves the
exercise of the people power of revolution which overthrew the whole government. EDSA II is an
exercise of people power of freedom of speech and freedom of assembly to petition the government
for redress of grievances which only affected the office of the President. EDSA I is extra constitutional
and the legitimacy of the new government that resulted from it cannot be the subject of judicial review,
but EDSA II is intra constitutional and the resignation of the sitting President that it caused and the
succession of the Vice President as President are subject to judicial review. EDSA I presented political
question; EDSA II involves legal questions.
THE 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.
TERRITORY
Is a fixed portion of the surface of the Earth inhabited by the people of the State. As an element of the
state, it is an area over which a state has Effective Control.
ARCHIPELAGIC DOCTRINE
The waters, around between and connecting different islands of the Archipelago, regardless of their
breadth or dimensions, form part of the internal waters of the Philippines. (Article I 2nd Sentence.)
Integration of a group of islands to the sea and their oneness so that together they can constitute one
unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining
appropriate points of the outermost islands of the archipelago with straight lines and all islands and
waters enclosed within the baseline form part of the territory. Purpose: [1] Territorial Integrity, [2]
National Security, [3] Economic Reasons.
THALWEG DOCTRINE
For boundary rivers, in the absence of an agreement between the riparian states, the boundary line is
laid on the middle of the main navigable channel.
STATE
It is a community of persons more or less numerous (PEOPLE), permanently occupying a definite
portion of TERRITORY, independent of external control (SOVEREIGNTY), and possessing an
organized GOVERNMENT to which the great body of inhabitants render habitual obedience.
State v. Nation : State – is a legal concept ; Nation – is a ethnic concept.
PEOPLE
as an element of a state, simply means a community of persons sufficient in number and capable of
maintaining the continued existence of the community and held together by a common bond of law. It
is of no legal consequence if they possess diverse racial, cultural, or economic interest. (Bernas
Comprehensive Reviewer 2011). People as used in the Constitution: [1] as Inhabitants - Article II,
Section 15, 16; Article III, Section 2; Article XIII, Section 1; [2] as Electors - Article VII, Section 4; Article
XVI, Section 2; Article XVIII, Section 25); [3] as Citizens - Article II, Section 4; Article III, Section 7.
SOVEREIGNTY – supreme and uncontrollable power inherent in a Sate by which the state is
governed.
Legal – is the supreme power to affect legal interests either by legislative, executive or judicial action.
Lodged in the people but normally exercised by state agencies.
Political – is the sum total of all the influences in a state, legal and non-legal, which determine the
course of law.
Internal Sovereignty – refers to the power of the State to control its domestic affairs. It is the supreme
power over everything within its territory.
External Sovereignty – Also known as INDEPENDECE, which is freedom from external control. It is
the power of the State to direct its relations with other States.
Characteristics – It is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and
imprescriptible. BUT, in the case of Tanada v. Angara, it was held that sovereignty of a state cannot be
absolute. It is subject to limitations imposed by membership in the family of nations and limitations
imposed by treaties. The Constitution did not envision a hermit-type isolation of the country from the
rest of the world. (2000 Bar Question)
It was held in Lawyers League for a Better Philippines v. Corazon Aquino that “the people have made
the judgment; they have accepted the government of President Corazon Aquino which is in effective
control of the entire country so that it is not merely a de facto government but in fact and law a de jure
government. Moreover, the community of nations has recognized the legitimacy of the present
government.
DOCTRINE OF INCORPORATION
The rules of international law form part of the law of the land and no legislative action is required to
make them applicable to a country. The Philippines follows this doctrine, because Section 2. Article II
of the constitution states that the Philippines adopts the generally accepted principles of international
law as part of the law of the land. However, the doctrine dictates that rules of international law are
given equal standing with, and are not superior to, national legislative enactments.
DOCTRINE OF AUTOLIMITATION
The doctrine where the Philippines adheres to principles of international law as a limitation to the
exercise of its sovereignty.
JUDICIAL POWER
Judicial power is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of
such rights. Vested in the Supreme Court and such lower courts as may be established by law. Since
the courts are given ‘judicial power’ and nothing more, courts may neither attempt to assume or be
compelled to perform non-judicial functions. They may not be charged with administrative functions
except when reasonably incidental to the fulfillment of their duties.
JUDICIAL REVIEW
The power of the SC to declare a law, treaty, ordinance and other governmental act
unconstitutional.
Requisites: [1] Actual Case or Controversy; [2] Proper Party (Locus Standi); [3] Earliest Opportunity;
[4] Necessity of deciding constitutional questions
EXECUTIVE PRIVILEGE
It is the power of the President to withhold certain types of information from the public, the
courts, and the Congress.
ART. VI Section 22. The heads of departments may, upon their own initiative, with the consent
of the President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to their
departments. Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but may cover
matters related thereto. When the security of the State or the public interest so requires
and the President so states in writing, the appearance shall be conducted in executive
session.
MONSANTO DOCTRINE
One who is given pardon has no demandable right to reinstatement. He may however be reappointed.
The doctrine of exhaustion of administrative remedies applies where a claim is cognizable in the first
instance by an administrative agency alone. Judicial interference is withheld until the administrative
process has been completed. As stated in Industrial Enterprises, Inc. vs. Court of Appeals, 184 SCRA
426.
DOCTRINE OF NON-INTERFERENCE
Regarded as an elementary principle of higher importance in the administration of justice that the
judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of
concurrent jurisdiction (30-A Am Jur 605).
DOCTRINE OF RATIFICATION
Although the act of a public officer may not be binding on the State because he has exercised his
powersdefectively, his acts may be ratified.
Exceptions:
[1] Where there is a want of power in the public officer to perform the original act
[2] The actwas absolutely void at the time. However if the act is merely voidable, it can be rendered
valid
[3] If the principal himself could not lawfully have done the act, or if it could not have been lawfully
done by anyone.
DOCTRINE OF AUGMENTATION
Prohibition against transfer of appropriations, however the following may, by law, be authorized to
augment any item in the general appropriations law for their respective offices from savings in
other items of their respective appropriations:
1. President
2. Senate President
3. Speaker of the HoR
4. Chief Justice
5. Heads of Constitutional Commissions.
OVER-BREADTH DOCTRINE
Decrees that a governmental purpose may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedoms.
A law is “vague” as not to satisfy the due process need for notice when it lacks comprehensible
standards that “men of common intelligence must necessarily guess as to its meaning and differ as to
its application” or is so indefinite that “it encourages arbitrary and erratic arrests and convictions.”
It is injustice to the accused in placing him on trial for an offense, the nature of which he is given no
fair warning.
Requisites:
1. Valid intrusion based on a valid warrantless arrest in which the police are legally present in the
pursuit of their official duties;
2. The evidence was inadvertently discovered by the police who have the right to be where they are;
3. The evidence must be immediately apparent; and
4. Plain view justified mere seizure of evidence without further search.
MIRANDA DOCTRINE
The Miranda Doctrine or the Miranda Warning provides that:
1. A person in custody must be informed at the outset in clear and unequivocal terms that he has the
right to remain silent and that anything he says can and will be used against him in a court of law;
2. He or she has the right to consult with a lawyer and to have a lawyer with him during the
interrogation;
3. If he cannot afford a lawyer, like if he is an indigent, a lawyer shall be appointed by the State to
represent him;
4. His right to counsel is available at any stage of the interrogation, hence, even if he consents to
answer questions without the assistance of counsel, the moment he asks for a lawyer at any point of
the investigation, the interrogation must cease until an attorney is present. If the above are not
observed, the evidence obtained therefrom shall not be admissible in court.
VARIANCE DOCTRINE
Is that a crime charged includes crime proved, convict of crime proved. Also applies when crime
proved includes crime charged, convict of crime charged.
REGALIAN DOCTRINE
All lands of the public domain, waters, minerals, coal, petroleum and other minerals oils, all forces of
potential energy, fisheries, forests, or timber, wildlife, flora, and fauna and natural resources belong to
the State. With the exception of agricultural lands, all other natural resources shall not be alienated.
(Sec. 2 Art XII)
STEWARDSHIP DOCTRINE
Private property is supposed to be held by the individual only as a trustee for the people in general,
who are its real owners.
DOCTRINE OF TRANSFORMATION
The generally accepted rules of international law are not per se binding upon the State but must first
be embodied in legislation enacted by the lawmaking body and so transformed into municipal law.
Only when so transformed will they become binding upon the State as part of its municipal law.
WILSON DOCTRINE
recognition shall not be extended to any government established by revolution or internal violence until
the freely elected representatives of the people have organized a constitutional government.
ESTRADA DOCTRINE
the Mexican government declared that it would, as it saw fit, continue or terminate its diplomatic
relations with any country in which a political upheaval had taken place and in so doing it would not
pronounce judgment on the right of the foreign state to accept, maintain or replace its government.
(Cruz, International Law, 2003 ed.) (In view of recent developments, the Wilson doctrine and the
Estrada doctrine are no longer in the mainstream of public international law.)
WILSON/TOBAR DOCTRINE
Precludes recognition of government established by revolution, civil war, coup d’etat or other forms of
internal violence until freely elected representatives of the people have organized a constitutional
government (US President Woodrow Wilson and Ecuadorian FM) [2004 Bar]
STIMSON DOCTRINE
Precludes recognition of any government established as a result of external aggression (US Sec. Of
State Henry Stimson)
ESTRADA DOCTRINE
Dealing or not dealing with the government established through a political upheaval is not a judgment
on the legitimacy of the said government (Mexican Minister Genaro Estrada) [2004 Bar]
DOCTRINE OF INCORPORATION
Rules of International Law form part of the law of the land and no legislative action is required to make
them applicable in a country. Thus, the Philippines is bound by generally accepted principles of
international law, which are considered to be automatically partof our own laws.
DOCTRINE OF TRANSFORMATION
Generally accepted rules of international law are not per se binding upon the State but must first be
embodied in legislation enacted by the lawmaking body and so transformed into municipal law.
“Doctrine of Qualified Political Agency” or “Alter Ego Principle” (2014, 2015 Bar)
The acts of the secretaries of the Executive departments performed and promulgated in the regular
course of business are presumptively the acts of the Chief Executive. (Villena v. Sec. of the Interior,
G.R. No. L-46570, April 21, 1939)
VOID-FOR-VAGUENESS DOCTRINE
(2010, 2014 Bar)
A law is vague when it lacks comprehensive standards that men of common intelligence must
necessarily guess at its common meaning and differ as to its application. Insuch instance, the statute
is repugnant to the Constitution because:
1. It violates due process for failure to accord persons, especially the parties targeted by it, fair notice
of what conduct to avoid
2. It leaves law enforcers an unbridled discretion in carrying out its provisions. (People v. de la Piedra,
G.R. No. 128777, Jan. 24, 2001)
Captive-Audience Doctrine
When a listener cannot, as a practical matter, escape from intrusive speech, the speech can be
restricted. It recognizes that a listener has a right not to be exposed to an unwanted message in
circumstances in which the communication cannot be avoided. A regulation based on the captive-
audience doctrine is in the guise of censorship, which undertakes selectively to shield the public from
some kinds of speech on the ground that they are more offensive than others. Such selective
restrictions have been upheld only when the speaker intrudes on the privacy of the home or the
degree of captivity makes it either impossible or impractical for the unwilling viewer or auditor to avoid
exposure. Thus, a government regulation based on the captive-audience doctrine may not be justified
if the supposed “captive audience” may avoid exposure to the otherwise intrusive speech. (1-United
Transport Koalisyon v. COMELEC, G.R. No. 206020, April 14, 2015)
Variance doctrine
In spite of the difference between the crime that was charged and that which was eventually proved,
the accused may still be convicted of whatever offense that was proved even if not specifically set out
in the information provided it is necessarily included in the crime charged. (Teves v. Sandiganbayan,
G.R. No. 154182, Dec. 17, 2004)
Doctrine of Supervening Event - The accused may still be prosecuted for another offense if a
subsequent development changes the character of the first indictment under which he may have
already been charged or convicted.
Doctrine of Ratification
Although the acts of a public officer may not be binding on the State because he has exercised his
powers defectively, his acts may be ratified.
The doctrine does not apply where:
1. There is a want of power in the public officer to perform the original act.
2. The act was absolutely void at the time it was done.
3. If the principal himself could not have lawfully done the act, or
4. If it could not have lawfully been done by anyone.
Condonation Doctrine
The condonation doctrine connotes a complete extinguishment of liability of a public officer or “denying
the right to remove one from office because of misconduct during a prior term”.
Under the new ruling, the Supreme Court simply finds no legal authority to sustain the condonation
doctrine in this jurisdiction. As can be seen from this discourse, it was a doctrine adopted from one
class of US rulings way back in 1959 and thus, out of touch from – and now rendered obsolete by –
the current legal regime. In consequence, it is high time to abandon the condonation doctrine that
originated from Pascual, and affirmed in the cases following the same, such as Aguinaldo, Salalima,
Mayor Garcia, and Governor Garcia, Jr.
NOTE: The abandonment of the condonation doctrine should be prospective in application for the
reason that judicial decisions applying or interpreting the laws or the Constitution, until reversed, shall
form part of the legal system of the Philippines. (Carpio-Morales v. CA, G.R. No. 217126-27, Nov. 10,
2015)
NOTE: In such instances, relief must first be obtained in administrative proceeding before a remedy
will be supplied by the courts even though the matter is within the proper jurisdiction of a court. The
judicial process is accordingly suspended pending referral of the claim to the administrative agency for
its view.
Doctrine of estoppel does not apply against a municipal corporation to validate an invalid
contract
The doctrine of estoppel cannot be applied as against a municipal corporation to validate a contract
which it has no power to make, or which it is authorized to make only under prescribed conditions,
within prescribed limitations, or in a prescribed mode or manner, although the corporation has
accepted the benefits thereof and the other party has fully performed its part of the agreement, or has
expended large sums in preparation for performance. A reason frequently assigned for this rule is that
to apply the doctrine of estoppel against a municipality in such a case would be to enable it to do
indirectly what it cannot do directly. (In Re: Pechueco Sons Company v. Provincial Board of Antique,
G.R. No. L-27038, Jan. 30, 1970)
Stewardship Doctrine
Private property is supposed to be held by the individual only as a trustee for the people in general,
who are its real owners.
Doctrine of Incorporation
It means that the rules of international law form part of the law of the land and no further legislative
action is needed to make such rules applicable in the domestic sphere.
The fact that international law has been made part of the law of the land does not by any means imply
the primacy of international law over national law in the municipal sphere. Under the doctrine of
incorporation as applied in most countries, rules of international law are given a standing equal, not
superior, to national legislative enactments (Salonga and Yap, Public International Law, Fourth ed.,
1974, p. 16)
Doctrine of Transformation
It provides that the generally accepted rules of international law are not per se binding upon the state
but must first be embodied in legislation enacted by the lawmaking body and so transformed into
municipal law.
Types of Transformation Theories
1. Hard Transformation Theory – Only legislation can transform International Law into domestic law.
Courts may apply International Law only when authorized by legislation.
2. Soft Transformation Theory – Either a judicial or legislative act of a state can transform International
Law into domestic law.
Stimson Doctrine
No recognition of a government established through external aggression (Nachura, 2009).
Protocol de Clôture
It is a final act and an instrument which records the winding up of the proceedings of a diplomatic
conference and usually includes a reproduction of the texts of treaties, conventions, recommendations
and other acts agreed upon and signed by the plenipotentiaries attending the conference.
Calvo Clause
A stipulation by which an alien waives or restricts his right to appeal to his own state in connection with
any claim arising from the contract and agrees to limit himself to the remedies available under the laws
of the local state.
NOTE: This cannot be interpreted to deprive the alien’s state of the right to protect or vindicate his
interests in case they are injured in another state, as such waiver can legally be made not by the alien
but by his own state.
TERRITORIALITY PRINCIPLE
A state has absolute, but not necessarily exclusive, power to prescribe, adjudicate and enforce rules of
conduct that occurs within its territory. (2005, 2009 Bar)
NOTE: An aspect of this principle is the “Effects Doctrine” – which provides that a state has jurisdiction
over acts occurring outside its territory but having effects within it.
Extra-territoriality
The exemption of foreign persons from the jurisdiction of the State of residence and it arises from
treaty provisions.
Doctrine of Infection
Innocent goods shipped with contraband may also be seized.
Thalweg Doctrine
It provides that for boundary rivers, in the absence of an agreement between the riparian States, the
boundary line is laid in the middle of the main navigable channel.