Professional Documents
Culture Documents
Political Law Reviewer Nanatong
Political Law Reviewer Nanatong
I. GENERAL PRINCIPLES
A. Political Law – 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.
2. Administrative Law – that branch of public law which fixes the organization of the
government, determines the competence of the administrative authorities who execute the
law, and indicates to the individual remedies for the violation of his rights.
C. Basis of the Study (1987, 1973, 1935 Constitutions, organic laws made to apply to the
Philippines [Phil.Bill of 1902, Jones Law of 1916, and Tydings-Mcduffie Law of 1934],
statutes,EO,decrees,judicial decisions and US Constitution.
3. Classification WER
a. Written or unwritten – written, is one whose precepts are embodied in one document
or set of documents; while an unwritten consists of rules which have not been
integrated into a single, concrete form but are scattered in various sources (statutes,
judicial decisions, commentaries of publicist, etc.)
c. Rigid or flexible. A rigid is one that be amended only by a formal and usually difficult
process; while flexible is one that can be changed by ordinary legislation.
a. Definite – to prevent ambiguity in its provisions which could result in confusion and
devisiveness among the people.
b. Broad – not just because it provides for the organization of the entire government
and covers all persons and things within the territory of the state but because it must
be comprehensive enough to provide for every contingency.
c. Brief – it must confine itself to basic principles to be implemented with legislative
details more adjustable to change and easier to amend.
a. Constitution of Liberty – 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.
7. The Doctrine of Constitutional Supremacy - if a law or a contract violates any norm of the
Constitution, that law or contract, whether promulgated by the legislative or the executive
branch of Government or entered into by private persons for private purposes, is null and
void, and without any force and effect.
i. Amendment- refers to a change that adds, reduces, deletes, without altering the
basic principle involved. Generally affects only the specific provision being
changed.
ii. Revision - implies a change that alters a basic principle in the Constitution, like
altering the principle of separation of powers or the system of checks and
balances. If the change alters the substantial entirety of the Constitution.
Generally affects several provisions of the Constitution.
b. Two-part test
i. Quantitative test – ask whether the proposed change is so extensive in its
provisions as to change directly the “substance entirety” of the Constitution by
deletion or alteration of numerous provisions.
ii. Qualitative test – inquires into the qualitative effects of the proposed change in
the Constitution. It ask whether the change will “accomplish far-reaching changes
in the nature of our basic governmental plan as to amount to a revision.”
iv. Initiative
1. On the Constitution
2. On statutes
3. On Local Legislation
b. Ratification
i. Doctrine of proper submission
1. Plebiscite may be held on the same day as regular elections
2. Entire Constitution must be submitted for ratification at one plebiscite only.
Piece-meal amendments not allowed.
5. Judicial Review of Amendments
a. Constitutional basis: Sec.1, Art. VIII of the Constitution states that “Judicial power
includes the duty of the courts of justice to SETTLE ACTUAL CONTROVERSIES
involving rights which are legally demandable and enforceable, and to determine WON
there has been grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of Government”
b. Modern view – courts simply refuse to recognize the law and determine the rights of
the parties as if the statute had no existence.
1. Distinguished from Nation – state is a legal or juristic concept, while nation is an ethnic or
racial concept.
2. Distinguished from Government – government is merely an instrumentality of the State
through which the will of the State is implemented and realized.
3. Government
a. Definition – the agency or instrumentality through which the will of the State is
formulated, expressed and realized.
b. Functions
i. Constituent- which are MANDATORY for the Government to perform
because they constitute the very bonds of the society, such as the
maintenance of peace, order, regulation of property and property rights, the
administration of justice, etc.,
ii. Ministrant - which are functions intended to promote the welfare, progress
and prosperity of the people and which are merely OPTIONAL.
g. Jurisidiction
i. Territorial
ii. Personal
iii. Extraterritorial
1. Basis: There can be no legal right against the authority which makes the law on which the
right depends. However, it may be sued if it gives consent, whether express or implied.
(Doctrine of Royal Prerogative of Dishonesty).
2. Par in parem non habet imperium (all states are sovereign equals and cannot assert
jurisdiction over one another)
3. Test to determine if suit against the State: On the assumption that a decision is rendered
against the public officer or agency impleaded, will the enforcement thereof require an
affirmative act from the state, such as the appropriation of the needed amount to satisfy the
judgment? If so, then it is a suit against the State.
a. Incorporated – if charter provides that it can sue and be sued, then suit will lie,
including one for tort.
7. Scope of Consent – consent to be sued does not include consent to the execution of
judgment against it.
B. Police Power
1. Definition – the power of promoting public welfare by restraining and regulating the use and
enjoyment of liberty and property.
2. Scope/Characteristics: most pervasive, the least limitable and the most demanding of the
three powers.
3. Who may exercise the power – inherently vested in the Legislature, but it may be delegated
to the President, admin bodies and LGU
2. Who may exercise the power : Congress and by delegation, the President, administrative
bodies, LGU or private enterprises performing public services.
4. Writ of Possession
5. Plaintiff’s right to dismiss the complaint in eminent domain- no such thing as a matter of
right in expropriation, precisely because the landowner may have already suffered
damages at the start of the taking. This right to dismiss the complaint is subject to court
approval.
D. Taxation
1. Definition- it is the power of the state raise income to defray the necessary expences of the
government.
2. Who may exercise
3. Limitations on the exercise
a. Due Process
b. Equal Protection Clause
c. Public purpose
4. Double Taxation
5. Tax Exemptions
6. Police Power v. Taxation
a. License fee (police measure, amount collected is limited to the cost of permit and
reasonable police regulation) v. Tax (revenue measure, unlimited provided not
confiscatory)
b. Kinds of license fee
i. For useful occupations or enterprises
ii. For non-useful occupations or enterprises – amount may be a bit exorbitant
7. Supremacy of the national government over LGUs in taxation
A. Preamble
1. Does not confer rights nor impose duties
2. Indicates authorship
3. Enumerates primary aims and aspirations
4. Aids in the construction of the Constitution
B. Republicanism- representative gov’t run by the people, of the people and for the people.
1. Essential features
- Representation- citizenry selects a corps of public functionaries who derive their
mandate from the people and act on their behalf, serving for a limited period only
- Renovation- after serving they are replaced or retained at the option of their
principal (the people)
2. Manifestations (ORABLS)
a. Ours is a government of laws and not of men
b. Rule of the majority
c. Accountability of public officials
d. Bill of Rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
i. Purpose
ii. La Bugal
iii. “Not doctrinaire nor with pedantic rigor, not independence but
interdependence”
iv. Principle of Blending of Powers
v. Principle of Checks and Balances
vi. Role of the Judiciary
g. Delegation of Powers
i. Potestas delegata non potest delegare
ii. Permissible delegation
1. Tariiff Powers to the President
2. Emergency Powers to the President
3. Delegation to the People
a. Referendum
b. Plebiscite
4. Delegation to LGUs
5. Delegation to Administrative Bodies
A. In General
1. Definition- series of prescriptions setting forth the fundamental civil and political rights of the
individual, and imposing limitations on the power of the government as a means of securing
the enjoyment of those rights.
a. Civil Rights – rights that belong to every citizen of the state or country and to all
inhabitants which are not connected with the organization or administration of
government. (property rights, marriage, equal protection clause, enter into contracts,
etc.)
b. Political Rights- refer to the right of the people to participate directly or indirectly in
the establishment or administration of the government. (suffrage, to hold office)
a. Life – rights to one’s body in its completeness, free from dismemberment and
extend to the use of God-given faculties w/c makes life enjoyable.
b. Liberty- right to exist and the right to be free from arbitrary personal restraint or
servitude. Right to be free to use one’s faculties in all lawful ways.
c. Property – anything that can come under the right of ownership and be the subject
of contract.
7. Warrantless Arrests
a. When the person to be arrested has committed, is actually committing, or is
attempting to commit an offense in his presence
i. Rebel may be arrested at any time, with or without a warrant
ii. Hot Pursuit
iii. Buy-Bust Operation is a valid in flagrante arrest
b. When an offense had just been committed and there is probable cause to believe,
based on his personal knowledge of facts or of other circumstances, that the person
to be arrested has committed the offense
c. When the person to be arrested is a prisoner who has escaped from a penal
institution or place where he is serving final judgment or temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another
d. When the right is voluntarily waived
8. Warrantless Searches
a. When the right is voluntarily waived
b. Stop-and-frisk
c. Search and seizure is an incident to lawful arrest
d. Search of vessel and aircraft
e. Moving vehicles
f. Inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations
g. Where prohibited articles are in plain view
Elements:
i. Prior valid intrusion
ii. Evidence inadvertently discovered
iii. Evidence immediately apparent
iv. Plain view justified the seizure
h. Search and seizure under exigent and emergency circumstances
i. Arial target zoning or “Saturation Drives”
9. Exclusionary Rule
F. Freedom of Expression
1. Scope
2. Aspects
a. Freedom from censorship or prior restraint
b. Freedom from subsequent punishment
i. Libel
ii. Obscenity
iii. Criticism of official conduct
iv. Right of students to free speech in school premises not absolute
4. Assembly and Petition – It is not subject to prior restraint. B.P. 880 is not an absolute ban
on public assemblies but a restriction that simply regulates the time, place and manner of
the assemblies.
G. Freedom of Religion
1. Two guarantees
a. Non-establishment clause
i. Exceptions
ii. Scope
1. Adong v. Cheong Seng Gee
2. Laws which punish blasphemy
3. Islamic Dawah v. Exec. Sec.
4. Intramural religious dispute
b. Free Exercise clause
i. Aspects of freedom of religious profession and worship
1. Right to believe (Absolute)
2. Right to act according to one’s belief (Not Absolute)
a. Compelling State Interest Test
b. State regulations on solicitations
NB: Benevolent neutrality recognizes that government must pursue its secular goals and
interests, but at the same time, strive to uphold religious liberty to the greatest extent possible
within the flexible constitutional limits. Thus, although the morality contemplated by laws is
secular, benevolent neutrality could allow for accommodation of morality based on religion,
provided it does not offend compelling state interest.
M. Miranda Doctrine
1. Source: Miranda v. Arizona
2. Rights available only during custodial investigation
a. When does it begin
b. Police Line-up
c. Not custodial investigation
d. Rights refer to testimonial compulsion only
3. What rights are available
a. Remain silent
b. Competent and independent counsel
c. Informed of such rights
d. Rights cannot be waived, except...
e. No torture, force...which vitiates free will
f. Secret detention places...prohibited
g. Confessions/Admissions inadmissible
i. Two kinds of coerced confessions
1. Coerced confessions
2. Uncounselled statements
4. Applicability
5. Waiver
a. Must be in writing and made in the presence of counsel
b. No retroactive effect
c. Burden of proof
d. What may be waived
6. Guidelines for Arresting/Investigating Officers. Must inform person of:
In language known and understood by him, of the reason for the arrest and
he must be shown the warrant of arrest
a. right to remain silent, and any statement made may be used against him
b. right to be assisted at all times and have the presence of counsel
c. if he has no counsel, he shall be provided with one
d. custodial investigation only when there is counsel
e. right to communicate or confer
f. right to waive any rights provided
g. waiver of right to a lawyer must be in writing and with assistance of a lawyer
h. he may indicate any manner at any time or stage of the process that he does not
wish to be questioned
i. initial waiver does not bar him from invoking it at any time during the process
j. any statement or evidence obtained in violation shall be inadmissible
7. Exclusionary Rule
a. Fruit of the poisonous tree
b. Receipt of seized property inadmissible
c. Re-enactment of the crime
d. Res gestae
e. Waiver of exclusionary rule
N. Right to Bail
1. Defined
2. When invoked
3. Exceptions
a. When charged with an offense punishable by RP and evidence of guilt is strong
b. Traditionally, not available to military
4. Duty of the court when accused charged with offense punishable by RP or higher
5. Bail is either a matter of right, or at the judge’s discretion, or it may be denied
a. Bail, a matter or right
b. Bail, when discretionary
c. When shall be denied
6. Standards for fixing bail
7. Right to bail and travel abroad
8. Right to bail and extradition
O. Constitutional Rights of the Accused
1. Criminal Due Process
a. Mejia v. Pamaran
b. Unreasonable delay in resolving complaint
c. Impartial court or tribunal
d. Right to a hearing
e. People v. Webb
f. Erap v. Sandiganbayan
g. Plea of guilt to a capital offense
h. State and offended party entitled to due process
2. Presumption of innocence
a. Proof against accused must survive the test of reason
b. When presumption not overcome
c. Presumption of regularity cannot, by itself, prevail over constitutional presumption of
innocence
d. Logical connection between fact proved and ultimate fact presumed
e. Presumption may be overcome by contrary presumptions based on experience of
human conduct
f. Ong v. Sandiganbayan
g. Circumstantial Evidence
h. Equipoise Rule
3. Right to be heard by himself and by counsel
a. The right to counsel during the trial is not subject to waiver
b. Decision of conviction set aside when appointment of counsel was pro forma and
counsel did not exert best efforts
c. Some instances when right cannot be waived
d. “Preference in choice of counsel” applies to person under investigation rather to
accused in criminal prosecution
e. Client bound by mistakes of lawyer, except when negligence or incompetence of
counsel is deemed so gross as to have prejudiced the constitutional right of the
accused
4. Right to be informed of the nature and cause of the accusation against him
a. Rationale
b. Requisites
c. Void-for-vagueness rule
d. Waiver
5. Right to speedy, impartial and public trial
a. Speedy Trial
b. Impartial Trial
c. Public Trial
6. Right to meet witnesses face to face
7. Right to compulsory process to secure attendance of witnesses and production of evidence
a. Requisites:
i. Evidence is really material
ii. Accused is not guilty of neglect in previously obtaining the production of such
evidence
iii. Evidence will be available at desired time
iv. No similar evidence can be obtained
8. Trial in absentia
a. When presence of accused mandatory
i. Arraignment and plea
ii. During trial for identification
iii. During promulgation of sentence, unless for a light offense wherein accused
may appear by counsel or representative
P. Habeas Corpus
1. Defined
2. When available
3. Procedure
4. Grounds for suspension
5. Suspension does not suspend right to bail
Q. Speedy Disposition of Cases
1. Cadalin v. POEA Administrator
2. BInay v. Sandiganbayan
a. Licaros v. Sandiganbayan
3. Tilendo v. OMB
4. Roque v. OMB
5. Abadia v. CA
6. Guerrero v. CA
R. Self-incrimination
1. Availability
2. Scope
3. Immunity
4. Waiver
S. Non-detention by reason of political beliefs or aspirations
T. Involuntary Servitude
1. Reinforced by RPC 272 – PM and 10K fine to anyone who shall purchase, sell, kidnap or
detain human being for the purpose of enslaving him
2. Exceptions
- punishment for a crime whereof one has been duly convicted
- service in defense of the State
- naval enlistment
- posse comitatus
- return to work order in industries affected with public interest
- patria potestas
U. Prohibited Punishments
1. Mere severity does not constitute cruel or unusual punishment
2. Death penalty is not a cruel or unusual punishment
a. Plea of guilt in capital offenses
3. Automatic review
V. Non-imprisonment for Debt
1. Serafin v. Lindayag
2. Lozano v. Martinez
3. People v. Judge Nitafan
W. Double Jeopardy
1. Requisites
a. Valid complaint or information
b. Filed before a competent court
c. To which the defendant had pleaded
i. When the accused, after pleading guilty, testified to prove MC, the testimony
had the effect of vacating his plea of guilty
d. Defendant was previously acquitted or convicted, or the case dismissed or otherwise
terminated without his express consent
i. Mere filing of two informations or complaints charging the same offense does
not yet place the accused in double jeopardy
ii. No double jeopardy where the accused was sentenced to plea bargaining
approved by the court but without the consent of the fiscal. (fiscal consent
necessary)
iii. Promulgation of only one part of the decision is not a bar to the promulgation
of the other part
iv. Dismissal of action
Permanent dismissal
Provisional dismissal
1. When the ground for the motion to dismiss is insufficiency of evidence
2. When the proceedings have been unreasonably prolonged as to violate
the right of the accused to speedy trial
v. Revival of criminal cases provisionally dismissed
1. Appeal by the prosecution Three relate protections provided by DJ
a. Against a second prosecution for the same offense after
acquittal
b. --- after conviction
c. Against multiple punishments for the same offense
2. After trial on the merits, an acquittal is immediately final and cannot be
appealed. The only exception; mistrial resulting in denial of due
process
3. Court acted without JD when it dismissed the case merely because
none of the witnesses notified by the court appeared during pre-trial
vii. Discharge of co-accused
viii. Where the judge amended her decision of acquittal because she
overlooked the testimony of a witness, the amended decision is void
4. Crimes Covered
5. Doctrine of supervening event
a. Not a bar when:
- graver offense developed due to supervening facts arising from the same act or
omission
- the facts constituting the graver offense arose or were discovered only after the filing
of the former complaint or information
- the plea of guilty to a lesser offense was made without the consent of the fiscal or the
offended party
X. Ex-Post Facto Law and Bill of Attainder
1. Ex Post Facto Law
a. Kinds
i. Makes criminal action done before the passage of the law and which was
innocent when done, and punishes such action
ii. Aggravates a crime, makes it greater than it was when committed
iii. Changes punishment and inflicts greater punishment
iv. Alters legal rules of evidence and receives less or different testimony than
the law required at the time of commission of the offense in order to convict
v. Assuming to regulate civil rights, imposes a penalty or deprivation of right
for something which when done was lawful
Deprives accused of a crime of some lawful protection to which they have
become entitled, such as the protection of a former conviction or acquittal, or
of a proclamation of amnesty
b. Characteristics
i. Refers to criminal matters
ii. Retroactive, and
iii. Prejudices the accused
c. Some Cases
2. Bill of Attainder
a. Defined – legislative act that inflicts punishment without trial
b. Characteristics – substitutes legislative fiat for a judicial determination of guilt
Anti-Subversion Act is not a Bill of Attainder because it does not specify the
Communist Party or its members for the purpose of punishment, it simply declares
the party to be an organized conspiracy to overthrow the government