POLITICAL LAW I. GENERAL PRINCIPLES Definition of Political Law Is the branch of public law which deals with the organization and operation of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. It embraces constitutional law, law of public officers, law on elections, and law of public corporations. Background of the 1987 Constitution 1. Proclamation of the Freedom Constitution a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and VP Laurel were assuming power. b. Executive Order No.1, (Febrauary 28, 1986) c. Proclamation No.3, March 25, 1986, announced the promulgation of the Provisional (Freedom) Constitution, pending the drafting and ratification of a new Constitution. It adopted certain provisions in the 1973 Constitution, contained additional articles on the executive department, on government reorganization, and on existing laws. It also provided of the calling of a Constitutional Commission to be composed of 30-50 members to draft a new Constitution. 2. Adoption of the Constitution a. Proclamation No. 9, creating the Constitutional Commission of 50 members. b. Approval of the draft Constitution by the Constitutional Commission on October 15, 1986 c. Plebiscite held on February 2, 1987 d. Proclamation No. 58, proclaiming the e. Ratification of the Constitution. 3. Effectivity of the 1987 Constitution: February 2 In re: Puno The government under Cory Aquino and the Freedom Constitution is a de jure government. It was established by authority of the legitimate sovereign, the people. It was a revolutionary government in defiance of the 1973 Constitution. Estrada vs. Arroyo 1
ISSUE NO. 1: Our leading case is Tanada v. Cuenco, where this Court, through former Chief Justice Roberto Concepcion, held that political questions refer "to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality of a particular measure." To a great degree, the 1987 Constitution has narrowed the reach of the political question doctrine when it expanded the power of judicial review of this court not only to settle actual controversies involving rights which are legally demandable and enforceable but also to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government. No less than the Freedom Constitution declared that the Aquino government was installed through a direct exercise of the power of the Filipino people "in defiance of the provisions of the 1973 Constitution, as amended." In is familiar learning that the legitimacy of a government sired by a successful revolution by people power is beyond judicial scrutiny for that government automatically orbits out of the constitutional loop.
You've reached the end of your free preview.
Want to read all 210 pages?