CONSTITUTIONAL LAW I

(Political Law Isagani Cruz)

A. GENERAL CONSIDERATIONS

A.1 Scope of the Study

1. Political law the branch of law that deals with the organization and governmental
organs of the State and defines the relations of the State with its inhabitants.

A.2 Necessity of the Study

1. Mandate of law the study of the Constitution is part of the curricula of all
educational institutions.

2. Sovereignty resides in the people and all governmental powers emanate from
them. It is vital that every Filipino engage in public affairs for the success of the
Republic of the Philippines depends on it.
Through the inhabitants cognizance and obedience to the law and Constitution can
the State be successful.

A.3 Background of the Study

The Philippines was once composed of several tribes scattered all over its
archipelago. These tribes had their common laws promulgated by their respective
datus or council of elders.
Spains discovery of our Philippines, led to the latter being under the common
rule of the former for three hundred and thirty three years.
o The abuse inflicted on the country by its then-colonizers, brought about
the sense of unity in the hearts of the Filipino people
o With the help Rizal and other propagandists, the war was started by
Bonifacio and later won by Aguinaldo.
o June 12, 1898, the Philippines declared its independence.
o January 21, 1899, the first Philippine Republic was established and with it
the first democratic Constitution ever promulgated in the whole of Asia,
the Malolos Constitution. Aguinaldo became our first president.
Unknown to the Filipino people was the commission of the Treaty of Paris, its
provision being the cession of the Philippines by Spain to the United States.
o The Philippine-American War commenced but the superior forces of the
United States won them the war. The Americans first organized a Military
Government.
- American libertarians, however, were concerned about the fact that
all three government powers were vested to one man. This led to
the transition of government from Military Rule to Civil Rule.
o The said transition led to the formation of the Schurman Commission
which was issued to survey the countrys lands and verify if it can stand up
on its own. Then came the Taft Commission stripping the Military Governor
of his legislative powers and some executive and judicial powers.
o July 4, 1901, in compliance with the Spooner Amendment, civil rule was
established with William Howard Taft becoming the countrys first
Governor General.
o The Philippine Bill of 1902 created the Philippine Assembly in 1907. Sergio
Osmena was initially elected Speaker of the Philippine Assembly.
o In 1916, the Philippine Autonomy Act, a.k.a. Jones Law, established
Philippine Legislature consisting of a Senate and a House of
Representatives where Manuel Quezon and Sergio Osmena became
President and Speaker respectively.
o The Tydings-McDuffy Act replaced the Jones Law and authorized the
establishment of the Commonwealth of the Philippines.
- Toward this end, the Constitutional Convention framed the
Constitution of 1935, ratified on May 14, 1935
- This led to the inauguration of the Commonwealth Government on
November 15, 1935
- Quezon was its first president and Osmena its vice-president
 - Furthermore, the Tydings-McDuffy Act promised the Filipino people
independence if they were able to prove their capacity during a 10-
year transition period
During the transition period, the Filipinos showcased their capability for
independence during World War II and through the Second Republic of the
Philippines during the Japanese occupation.
Then-President asserted the freedom of the Filipino people and proclaimed the
Republic of the Philippines upon the United States formal withdraw of sovereignty
over the country on July 4, 1946.
September 21, 1972, the Philippines, under then-President Ferdinand Marcos
issuance of Proclamation No. 1081, was placed under Martial Law.
o November 30 1972, the draft of the 1973 Constitution was approved by
the Constitutional Commission.
o The 1973 Constitution was ratified by virtue of Proclamation No. 1102.
After the People Power Revolution, Marcos was ousted and Cory Aquino took her
place as the first female president of the Philippines.
One of her first acts was the promulgation of a provisional or Freedom
Constitution pending the implementation of a new Constitution to be
drafted by the Constitutional Commission.
February 2, 1987, a plebiscite took place and ratified the 1987
Constitution.

B. THE CONSTITUTION OF THE PHILIPPINES

B.1 Fundamental Laws that governed the Philippines

~ This was since the countrys independence from the United States, July 4, 1946
1. Commonwealth Constitution -
2. 1973 Constitution
3. Freedom Constitution
4 1987 Constitution

B.2 Outstanding Features of the 1987 Constitution

1. Contains 18 Articles
2. Most of the 1935 provisions for Legislative and Executive departments were
revived.
3. Strengthened the independence of the Judiciary
4. Improved the Bill of Rights

B.3 Supremacy of the Constitution

1. The Constitution is the basic and paramount law by which all laws should conform
and all inhabitants, including the highest officials, must defer.

2. No act shall be considered valid, no matter how noble its intentions, if it is contrast
with the Constitution.

C. THE CONCEPT OF THE STATE

1. Definition
~A State is:
1.a A community of people, more or less numerous;
1.b Occupying a fixed territory;
1.c Possessed by an individual government organized for political ends;
1.d to which the greater body of inhabitants render habitual obedience

2. State vs Nation
2.a A nation is an ethnic/racial concept implying a group of people identified
as having a common birthplace and race, a common language and customs.
2.b A state is a legal concept defining a group of people cohabitating in a
certain territory sharing the same culture and adhering to the same
government.
[e.g. Egypt, Iraq, Saudi Arabia, among others, are separate states but of one
nation-the Arab nation;

3. Elements of a State
3.a People
 o Basically the inhabitants of the state
o There is no definite standard as to how numerous the inhabitants
should be so long as:
~ they are numerous enough to defend themselves
~ they are small enough to be administered properly
~they are composed of the same sex to be able to perpetuate

3.b Territory
o Fixed portion of the surface of the earth where inhabitants of the state
reside
o Composed of:
~ Terrestrial territories, covering lad masses;
~ Fluvial and Maritime territories, which covers internal and
external waters;
~ Aerial territories, covering the air space above land and water
o It is known that our embassies erected in other countries/state are
extensions of our territory

3.c Government
o By definition is the agency through which the will of the state is
formulated, expressed and realized
o Functions
~ Constituent these functions constitute the very bonds of
society and are compulsory
~ Ministrant these are function not compulsory but necessary
in a sense that it is for the advancement of the state and
satisfying the general interest of society
* Our Supreme Court, however, states that the distinction
between the two is not relevant in our jurisdiction making
supposed ministrant functions like providing quality
education the inhabitant and infrastructure, obligatory. *
o Doctrine of Parens Patriae
~An important task of the government is to be the parens
patriae or guardians of the rights of the people.
o De Jure and De Facto governments
~ De Jure has the rightful title but no power or control
~ De Facto exercises power or control but without legal title
That which usurps power from the rightful legal
government by force or by the voice of the
majority
[e.g. People Power Edsa Revolution]
That which establishes their independent
government to rise in insurrection against the
parent state
[e.g. Samahang Kataastaasang, Kagalang-
galangang Katipunan ng mga Anak ng
Bayan (KKK)]
That which is maintained and established by
military forces who invade and occupy a territory
in the course of war
[e.g. Spains occupation in the Philippines]

o Government of the Philippines

~ Corporate governmental entity through which governmental
functions are exercised throughout the Philippines, including the
various arms through which political authority is made effective,
whether pertaining to the autonomous regions, the provinces,
municipalities or barangays or other forms of local government.
o Administration
~ Administration is the group of people in whose hands the rein
of the government are for the time being
~ Administration is transitional whereas the government is
permanent
 4. Sovereignty
o The supreme and uncontrollable power inherent in a State by which
the State is governed
o Legal vs Political Sovereignty
~ Legal sovereignty is the authority which has the power to
issue finals commands (Congress)
~ Political sovereignty is the power behind the legal sovereign,
or the sum of the influences that operate upon it (Different sectors
that mold public opinion)
o Internal vs External
~ Internal Sovereignty refers to the power of the State to
control its domestic affairs
~ External sovereignty is the power of the State to direct its
relations with other States, [also known as independence]

o Sovereignty is permanent, exclusive, comprehensive, absolute,

indivisible, inalienable, and imprescriptible
~ By virtue of these characteristics, sovereignty is not deemed
suspended although acts of sovereignty cannot be exercised by
the legitimate authority
o Act of State
~ Act done by the sovereign power of a country or its delegate,
within the limits of the power vested in him
~ Cannot be questioned and made the subject of legal
proceedings

D. DOCTRINE OF STATE IMMUNITY

1. The State may not be sued without its consent Sec. 9, Art. XVI
o There can be no legal right against the authority which makes the law
on which the right depends
o The demands and inconveniencies of litigation will divert the time and
resources of the State from the more pressing matters demanding its
attention, to the prejudice of public welfare
2. Application

3. Forms of Consent
o Express consent manifested through a general law or special law
o Implied consent the State itself commences litigation

E. PRINCIPLES AND STATE POLICIES

F. SEPARATION OF POWERS
1. 1973 Constitution
- With the establishment of a semi-parliamentary the Doctrine of Separation of
Powers was modified making the Legislature more subordinate to the
President.
- the President was vested power in legislation and even dissolving the Legislature
if he wishes.
2. 1987 Constitution
- The three major departments of the government have been restored and so
have the three constitutional commissions established earlier under the past
charters.
- The Judiciary, regarded as the weakest of the three branches, has been
strengthened with the conferment on it of additional and important powers.
- There is also a lessening of powers in the authority of the Executive, and a
corresponding increase in the authority of the Legislature.
- There is also the revival of the Commission on Appointments and the creation of the
Judicial and Bar Council.
- The Electoral Tribunals have also been restored (their power being sole judge of all
contests relating to the election, transferred to the COMELEC in the 1973
Constitution.)
3. Why the Doctrine is observed/Purpose
- It is regarded as a characteristic of republicanism.
 - The major powers of government are actually distributed by the Constitution among
the several departments of the government and the Constitutional
Commission.
- The Constitution further provides, under Sec.13,, Article VI, that no member of the
Congress may hold any other office or employment in the government without
forfeiting his seat.
- It prevents the concentration of authority in one person or group of persons that
may lead to an irreversible error or abuse of power that may lead to the detriment
of our republican institutions.
- It is intended to secure action, to forestall over-action, to prevent despotism and to
obtain efficiency - Justice Laurel.
4. Distribution of Powers
- The Legislature is limited to the enactment of laws, and may not enforce or apply
them.
- The Executive is in charge of the enforcement of laws, and may not enact nor apply
them.
- The Judiciary to the application of the law, and may not enact nor enforce them.
- The keynote of conduct of the various agencies of the government under the
doctrine of separation of powers, is not independence but interdependence -
Justice Laurel.
5. Blending of Powers