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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 1. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. General Principles The Philippine Constitution The Philippines as a State The Fundamental Powers of the State Principles and State Policies Bill of Rights Citizenship The Legislative Department The Executive Department The Judicial Department Constitutional Commissions Local Government Accountability of Public Officers National Economy and Patrimony Social Justice and Human Rights XVI. Education, Science and Technology Arts, Culture and Sports The Family General Provisions Transitory Provisions XVII. XVIII. XIX. 1 2 31 47 73 91 232 251 281 309 325 367 367 379 392 396 403 403 405 ADMINISTRATIVE LAW i. II. in. General Principles Powers of Administrative Bodies Exhaustion of Administrative Remedies 413 415 429 IV. Judicial Review of Administrative Decisions 438 LAW OFPUBLIC OFFICERS i. II. in. IV. V. VI. VII. 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 445 447 451 454 471 476 479 487 ELECTION LAW I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. General Principles Commission on Elections Voters: Qualification and Registration Political Parties Candidates; Certificates of Candidacy Campaign; Election Propaganda; Contributions and Expenses Board of Election Inspectors; Watchers Casting of Votes Counting of Votes Canvass and Proclamation Pre-Proclamation Controversy Election Contests Election Offenses 513 515 515 521 524 534 537 539 540 544 549 559 570 LOCAL GOVERNMENT I. II. III. IV. V. VI. VII. General Principles General Powers and Attributes of Local Government Units Municipal Liability Local Officials Inter-Governmental Relations Local Initiative and Referendum Local Government Units 575 586 605 610 628 632 635 PUBLIC INTERNATIONAL LAW I. II. III. IV. V. VI. VII. VIII. IX. X. General Principles Subjects of International Law Fundamental Rights of States Right to Territorial Integrity andJurisdiction Right to Legation Treaties Nationality and Statelessness Treatment of Aliens Settlement of Disputes War and Neutrality 641 646 658 662 675 682 689 692 699 702 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. 1]. 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 rights. 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 contingency. 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., Art. III. 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 IX. 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 together. 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, 1997]. ' 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, 1898. 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 the people. 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 legislation 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...
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