2020 bar notes. POLITICAL_LAW_NOTES_1.pdf - POLITICAL LAW Morillo Notes PRE-1935 CONSTITUTION \u25cf Tribes were generally free and governed by systems of

2020 bar notes. POLITICAL_LAW_NOTES_1.pdf - POLITICAL LAW...

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POLITICAL LAW Morillo Notes POLITICAL LAW NOTES 1 1. POLITICAL LAW Morillo Notes Atty. Juanito Arcilla I. GENERAL CONSIDERATIONS Political Law: - It is the 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 vs. Perfecto, 43 Phil. 887) Subjects under Political Law: Constitutional Law Treats of the nature of constructions, and the validity of legal enactments as tested by the criterion of their conformity to the fundamental law. (Martin, Philippine Political Law, 1988) Administrative Law Part of public law which fixes the organization of government, determines the competence of the authorities that execute the law, and indicates to the individual the remedies for the violation of his rights. (Martin, Philippine Political Law, 1988) Election Law Study of the means by which the people choose their officials for definite and fixed periods and to whom they entrust for the time being as their representatives the exercise of the powers of government. (Martin, Philippine Political Law, 1988) Law of Public Officer Study of public office, its elements, creations and termination, and of public officers, their qualifications, powers, duties, rights and liabilities. (Martin, Philippine Political Law, 1988) Law on Public Corporation Study of quasi- and municipal corporations, such as municipalities, provinces, chartered cities and barangays. (Martin, Philippine Political Law, 1988) Basis and Sources of Studying Political Law: - The present Constitution; - Pertinent statutes; - Executive orders and decrees; and - Judicial decisions; and - Current events in which the law applies - Previous Philippine Constitutions (1935, and 1973 Constitutions) - Constitution of the US and its relevant Supreme Court rulings History of the Philippine Constitutional Law: PRE-1935 CONSTITUTION Before Spanish Colonization Tribes were generally free and governed by systems of laws promulgated by Datu or Council of Elders; Tribes are bound by commercial ties, except when they fall under the sway of a foreign power (like the Madjapahit and Sri-Vishajan Empires) 1521 F. Magellan discovered the Philippines; Spanish Laws governed the Philippines. January 12, 1899 First Philippine Republic was established Malolos Constitution was the first democratic constitution promulgated in the whole area. o Established as a Parliamentary System but with the President (not Prime Minister) as head of the government. December 10, 1898 Treaty of Paris The cession of the Philippines by Spain to the US. Filipinos resisted the new threat to their freedom but the American Colonized the country. First Philippine Commission Schurman Commission A fact-finding survey of the Philippine Islands and submit appropriate recommendations to the US Congress.
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