Unformatted text preview: OUTLINE REVIEWER IN POLITICAL LAW
2014 Antonio E.B. Nachura OUTLINE REVIEWER
in POLITICAL LAW : by Antonio Eduardo B. Nachura 2014 Philippine Copyright 2014 All Rights Reserved Any copy of this book without the corresponding number
and signature of the author on this page either proceeds
from an illegitimate source or is in the possession of one
who has no authority to dispose of the same. -*V ANTONIO EDUARDO B. NACHURA
No. 9225 Printed by VJ GRAPHIC ARTS, INC.
2/F PDP Bldg., 1400 Quezon Avenue
Quezon City, Metro Manila
Philippines TABLE OF
CONTENTS CONSTITUTIONAL LAW
XV. General Principles
The Philippine Constitution
The Philippines as a State
The Fundamental Powers of the State
Principles and State Policies
Bill of Rights
The Legislative Department
The Executive Department
The Judicial Department
Accountability of Public Officers
National Economy and Patrimony
Social Justice and Human Rights XVI. Education, Science and Technology
Arts, Culture and Sports
Transitory Provisions XVII.
405 ADMINISTRATIVE LAW
II. in. General Principles
Powers of Administrative Bodies
Exhaustion of Administrative Remedies 413
429 IV. Judicial Review of Administrative Decisions 438 LAW OFPUBLIC OFFICERS
VIII. General Principles
Eligibility and Qualifications
De Facto Officers
Commencement of Official Relations
Powers and Duties of Public Officers
Liability o Public Officers
Rights of Public Officers
Termination of Official Relationship 445
487 ELECTION LAW
XIII. General Principles
Commission on Elections
Voters: Qualification and Registration
Candidates; Certificates of Candidacy
Campaign; Election Propaganda;
Contributions and Expenses
Board of Election Inspectors; Watchers
Casting of Votes
Counting of Votes
Canvass and Proclamation
Election Offenses 513
570 LOCAL GOVERNMENT
VII. General Principles
General Powers and Attributes of
Local Government Units
Local Initiative and Referendum
Local Government Units 575
635 PUBLIC INTERNATIONAL LAW
X. General Principles
Subjects of International Law
Fundamental Rights of States
Right to Territorial Integrity andJurisdiction
Right to Legation
Nationality and Statelessness
Treatment of Aliens
Settlement of Disputes
War and Neutrality 641
702 CONSTITUTIONAL LAW 1 Constitutional Law I. GENERAL PRINCIPLES
A. Political Law defined. That 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 [People v. Perfecto, 43
Phil. 887; Macariola v. Asuncion, 114 SCRA 77].
B. Scope/Divisions of Political Law. 1. Constitutional Law. The study of the maintenance of the proper balance
between authority as represented by the three inherent powers of the State and
liberty as guaranteed by the Bill of Rights [Cruz, Constitutional Law, 1993 ed., p.
2. Administrative Law. That branch of public law which fixes the organization
of government, determines the competence of the administrative authorities who
execute the law, and indicates to the individual remedies for the violation of his
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws. C. Basis of the Study. 1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Other organic laws made to apply to the Philippines, e.g., Philippine Bill of
1902, Jones Law of 1916, and Tydings-McDuffie Law of 1934.
4. Statutes, executive orders and decrees, and judicial decisions
5. U.S. Constitution. OUTLINE / REVIEWER IN POLITICAL LAW 2 Constitutional Law II. THE PHILIPPINE CONSTITUTION
A. Nature of the Constitution.
1 Constitution defined. That body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised [Cooley, Constitutional
Limitations, p. 4]. With particular reference to the Constitution of the Philippines:
That 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 [Malcolm, Philippine
Constitutional Law, p. 6].
2. Purpose. 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
[11 Am. Jur. 606].
3. Classification: a) Written or unwritten. Awritten 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 [Cruz, Constitutional Law, pp. 4-5].
b) 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
[Cruz, ibid., p. 5].
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 [Cruz, ibid., p. 5].
4. Qualities of a good written Constitution: a) Broad. Not just because it provides for the organization of the entire
government and covers all persons and things within the territory of OUTLINE / REVIEWER IN POLITICAL LAW Constitutional Law 3 the State but because it must be comprehensive enough to provide for every
b) 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 [Cruz, ibid,, pp. 5-6],
5. Essential parts of a good written Constitution: a) 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.,
b) 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
c) 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.
6. Interpretation/Construction of the Constitution. a) 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 leais.
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 leqis et 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 maais
valeat auam pereat. i.e., the Constitution has to be OUTLINE / REVIEWER IN POLITICAL LAW 4 Constitutional Law 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
b) 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.
c) In case of doubt, the provisions should be considered selfexecuting;
mandatory rather than directory; and prospective rather than retroactive.
d) 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.
i) 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 [Manila Prince Hotel v. GSIS, G.R. No. 122156, February 03,
' ii) 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. The disregard of this provision does not give rise to any cause of action
before the courts [Pamatong v. Comelec, G.R. No. 161872, April 13, 2004]. OUTLINE / REVIEWER IN POLITICAL LAW Constitutional Law 5 B. Brief Constitutional History.
1. The Malolos Constitution. a) The Philippine Revolution of 1896.
b) Proclamation of Philippine independence, at Kawit, Cavite, on
June 12, 1898.
c) Revolutionary Congress convened at Barasoain Church, Malolos,
Bulacan, on September 15, 1898. Three drafts were submitted, namely, the drafts
of Pedro Paterno, Apolinario Mabini and Felipe Calderon.
d) The Calderon proposal was reported to the Congress on October 8,
1898, and the Congress approved the proposed Constitution on November 29,
e) President Emilio Aguinaldo approved the same on December 23,
1898; Congress ratified it on January 20, 1899.
f) Aguinaldo promulgated the Constitution the following day, along with
the establishment of the Philippine Republic on January 21, 1899.
g) This was the first republican constitution in Asia, framed by a
revolutionary convention which included 40 lawyers, 16 physicians, 5 pharmacists,
2 engineers and 1 priest. The Constitution recognized that sovereign power was
vested in the people, provided for a parliamentary government, acknowledged
separation of powers, and contained a bill of rights.
2. The American Regime and the Organic Acts a) The Treaty of Paris of December 10, 1898. The treaty of peace
entered into between the US and Spain upon the cessation of the SpanishAmerican War. It provided, among others, for the cession of the Philippine Islands
by Spain to the US.
b) US President McKinley’s Instructions of April 7, 1900, to transform
the military into a civil government as rapidly as conditions would permit. On
September 1, 1900, the authority to exercise that part of the military power of the
US President which is legislative in character was transferred from the military
government to the Philippine Commission [first, the Schurman Commission, then,
the Taft Commission]. OUTLINE / REVIEWER IN POLITICAL LAW Constitutional Law 6 c) The Spooner Amendment to the Army Appropriation Bill of March 2,
1901 provided that all military, civil and judicial powers necessary to govern the
Philippine Islands shall be exercised in such manner x x x for the establishment of
a civil government and for maintaining and protecting the inhabitants in the free
enjoyment of their liberty, property and religion. On July 1, 1901, the Office of the
Civil Governor was created, and the executive authority previously exercised by the
military governor was transferred to the Civil Governor.
d) The Philippine Bill of July 1, 1902 continued the existing civil
government, with the co mmitmentfrom the US Congress to convene and organize
in the Philippines a legislative body of their own representatives. On October
16,1907, the Philippine Assembly was convened to sit as the Lower House in a
bicameral legislature, with the Philippine Commission as the Upper House.
e) The Jones Law [Philippine Autonomy Act] of August 29, 1916. It
superseded the Spooner Amendment and the Philippine Bill of 1902. It was the
principal organic act of the Philippines until November 15,1935, when the Philippine
Commonwealth was inaugurated (under the 1935 Constitution). It contained a
preamble, a bill of rights, provisions defining the organization and powers of the
departments of government, provisions defining the electorate, and miscellaneous
provisions on finance, franchises and salaries of important officials. Executive power
was vested in the Governor General, legislative power in a bicameral legislature
composed of the Senate and House of Representatives, and judicial power in the
Supreme Court, the Courts of First Instance and inferior courts.
f) The Tydings-McDuffie Act [Philippine Independence Act] of March 24,
1934 authorized the drafting of a Constitution for the Philippines, the establishment
of a Commonwelath Government and, after ten years, independence.
3. The 1935 Constitution a) Pursuant to the authority granted under the Tydings-McDuffie Law, the
Philippine Legislature passed Act No. 4125 (May 26,1934) calling for the election of
delegates to the Constitutional Convention.
b) Election of delegates: July 10, 1934; Constitutional Convention
inaugural: July 30,1934.
c) Draft Constitution approved by the Constitutional Convention on
February 8, 1935; brought to Washington on March 18, 1935, and on March OUTLINE / REVIEWER IN POLITICAL LAW Constitutional Law 1 23, 1935, US President Franklin Delano Roosevelt certified that the draft constitution
conformed substantially with the Tydings-McDuffie Law.
d) The Constitution was ratified in a plebiscite held on May 14, 1935.
e) The Philippine Commonwealth established under the Constitution
was inaugurated on November 15, 1935; full independence was attained with the
inauguration of the (Third) Philippine Republic on July 4, 1946.
- f) The Constitution was amended in 1939: Ordinance appended to the
Constitution, in accordance with the Tydings-Kocialkowski Act of August 7, 1939
[Resolution of Congress: September 15, 1939; Plebiscite: October 24, 1939]
g) It was amended again in 1940: Changed President’s and Vice
President’s term from six to four years, but no person shall serve as President for
more than 8 years; changed the unicameral to a bicameral legislature;
established an independent Commission on Elections [Resolution: April 11,
1940; Plebiscite: June 18, 1940]
i) Another amendment was adopted in 1947: Parity Amendment,
effective July 4, 1949, granting to Americans, for a period of twenty-five years,
the same privileges as Filipinos in the utilization and exploitation of natural
resources in the Philippines [Resolution: September 18, 1946; Plebiscite: March
11, 1947], See: Mabanag v. Lopez Vito, 78 Phil. 1.
4. The Japanese (Belligerent) Occupation a) With the occupation of Manila, the Commander in Chief of the
Japanese Forces proclaimed, on January 2, 1942, the military administration over
the territory occupied by the army, and ordered that “all the laws now in force in
the Commonwealth, as well as executive and judicial institutions shall continue to
be effective for the time being as in the past”, and “all public officials shall remain
in their present posts and carry on faithfully their duties as before”.
b) Order No. 1 of the Japanese Commander in Chief, on January 23,
1942, organized the Philippine Executive Commission.
c) Executive Orders Nos. 1 and 4, dated January 30 and February 6,
1942, respectively, continued the Supreme Court, the Court of Appeals, OUTLINE / REVIEWER IN POLITICAL LAW 8 Constitutional Law the Courts of First Instance and Justices of the Peace Courts, with the same
jurisdiction, in conformity with later instructions given by the Commander in Chief of
the Japanese Imperial Army in Order No. 3, dated February 20, 1942. d) October 14, 1943, the (Second) Philippine Republic was inaugurated,
with Jose P. Laurel as President.
5. The 1973 Constitution a) Resolution of Both Houses (RBH) No. 1, March 16, 1967, increasing
the membership of the House of Representatives from 120 to 180
b) RBH No. 2, March 16,1967, calling for a Constitutional Convention to
revise the 1935 Constitution
c) RBH No. 3, March 16, 1967, allowing members of Congress to sit as
delegates in the Constitutional Convention without forfeiting their seats in Congress
d) RBH 1 and RBH 3 were submitted to the people in a plebiscite
simultaneously with local elections in November 1967, but both were rejected by
e) RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing that
specific apportionment of delegates to the Constitutional Convention and other
details relating to the election of delegates be embodied in an implementing
f) Republic Act No. 6132: Constitutional Convention Act of 1970. i) See Imbong v. Comelec, 35 SCRA 28, where the constitutionality
of the RA 6132 was challenged because it had to do with the calling of a
Constitutional Convention but was not passed by % of all the members of the
Senate and the House of Representatives, voting separately. The Supreme Court
upheld the validity of the law, declaring that after Congress had exercised its
constituent power by adopting RBH 2 and RBH 4, with the requisite % vote as
required by the 1935 Constitution, it may, by simply exercising legislative power,
pass a law providing for the details for the implementation of the resolutions passed
in the exercise of its constituent power. g) Election of delegates: November 10, 1970; Constitutional Convention
was inaugurated on June 1, 1971.
OUTLINE / REVIEWER IN POLITICAL LAW Constitutional Law 9 i) Attempt of the Constitutional Convention to submit for ratification
one resolution (reducing the voting age from 21 to 18) in a plebiscite to co...
View Full Document
What students are saying
As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.
Kiran Temple University Fox School of Business ‘17, Course Hero Intern
I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.
Dana University of Pennsylvania ‘17, Course Hero Intern
The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.
Jill Tulane University ‘16, Course Hero Intern