Pre-Bar Quizzer in Political Law PART I:

Constitution of Government 1-10

1.
Define Political Law
It is 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
VS. PERFECTO, 43 Phil. 887)
2.
What are included in Political Law?

Constitutional Law;
Administrative Law
Law of Public Officers
Law on Public Corporation
Election Law

3. What is the doctrine of constitutional supremacy?

Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution
that law or contract whether promulgated by the legislative or by the executive branch or entered into by
private persons for private purposes is null and void and without any force and effect. Thus, since the
Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every
statute and contract.
4. What are the requisites for the exercise of peoples initiative to amend the Constitution?
It is provided under Section 2, Art. XVII of the Constitution which provides that Amendments to this
Constitution may likewise be directly proposed by the people through initiative upon a petition of at least
12% of the total number of registered voters, of which every legislative district must be represented by at
least 3% of the registered voter therein. The Congress shall provide for the implementation of the
exercise of this right.
5. Is there a law which would provide for the mechanism for the people to propose amendments to
the Constitution by peoples initiative?
While Congress had enacted RA 6735 purportedly to provide the mechanisms for the peoples
exercise the power to amend the Constitution by peoples initiative, the Supreme Court in MIRIAM
DEFENSOR-SANTIAGO, et al. Vs. COMELEC, G.R. No. 127325, March 19, 1997 & June 10, 1997, the
Supreme Court held that RA 6735 is incomplete, inadequate or wanting in essential terms and
conditions insofar as initiative on amendments to the Constitution is concerned. Its lacunae on this
substantive matter are fatal and cannot be cured by empowering the COMELEC to promulgate such
rules and regulations as may be necessary to carry the purposes of this act.
In LAMBINO VS. COMELEC, however, the Supreme Court on November 21, 2006, in the Minute
Resolution of the petitioners Motion for Reconsideration held that RA No. 6735 is adequate and
complete for the purpose of proposing amendments to the Constitution through peoples initiative by
a vote of 10 members as per Certification of the En Bancs Clerk of Court.
5-a. May the question Do you approve the amendment of Articles VI and VII of the 1987 Philippine
Constitution changing the form of government from Presidential-Bicameral to ParliamentaryUnicameral be allowed to be submitted to the people for their ratification or rejection as a means
of amending the Constitution by peoples initiative if the requisite number of signatories (12%
nationwide and at least 3% for every legislative district) are met?

No for two (2) reasons.

1. The said proposal did not indicate which provisions of Articles VI and VII are actually being amended
which is a must under Section 2, Art. XVII. Otherwise, who shall make the amendments if the people in a
plebiscite approve the same;
2. Changing the form of government from presidential to parliamentary is an act of REVISING the
Constitution which is not allowed under Art. XVII, Section 2. Peoples initiative may only be allowed to
propose amendments to the Constitution, not revision.
6. What are the requisites before an amendment to the Constitution by peoples initiative is
sufficient in form and in substance?
In the case of RAUL L. LAMBINO and ERICO B. AUMENTADO , together with 6,327,952 registered voters vs.
THE COMMISSION ON ELECTIONS, G.R. No. 174153, October 25, 2006, 505 SCRA 160, the following
requisites must be present:
1.
The people must author and must sign the entire proposal. No agent or representative can sign for
and on their behalf;
2.

As an initiative upon a petition, THE PROPOSAL MUST BE EMBODIED IN A PETITION.

These essential elements are present only if the full text of the proposed amendments is first shown to
the people who will express their assent by signing such complete proposal in a petition. Thus, an
amendment is DIRECTLY PROPOSED BY THE PEOPLE THROUGH INITIATIVE UPON A PETIITON ONLY IF
THE PEOPLE SIGN ON A PETITION THAT OCNTAINS THE FULL TEXT OF THE PROPOSED AMENDMENTS.
7. Distinguish Revision from amendment of the Constitution.
Revision is the alterations of the different portions of the entire document [Constitution]. It may
result in the rewriting whether the whole constitution, or the greater portion of it, or perhaps some of its
important provisions. But whatever results the revision may produce, the factor that characterizes it as
an act of revision is the original intention and plan authorized to be carried out. That intention and plan
must contemplate a consideration of all the provisions of the Constitution to determine which one should
be altered or suppressed or whether the whole document should be replaced with an entirely new one.
Amendment of the Constitution, on the other hand, envisages a change or only a few specific
provisions. The intention of an act to amend is not to consider the advisability of changing the entire
constitution or of considering that possibility. The intention rather is to improve specific parts of the
existing constitution or to add to it provisions deemed essential on account of changed conditions or to
suppress portions of it that seem obsolete, or dangerous, or misleading in their effect. (SINCO, Vicente,
PHILIPPINE POLITICAL LAW)
8. May Congress propose amendments to the Constitution while at the same time calling for a
Constitutional Convention to amend the Constitution?
Yes, there is no prohibition for Congress to propose amendments to the Constitution and at
the same time call for the convening of a Constitutional Convention to amend the Constitution. The word
or in the provision Congress, upon a vote of of all its members; OR [2] A constitutional
Convention under Section 1, Art. XVII also means AND. (GONZALES VS. COMELEC, 21 SCRA 774)
9. What is the Doctrine of Proper Submission in connection with proposed amendments to
the Constitution?
Doctrine of Proper Submission means all the proposed amendments to the Constitution shall be
presented to the people for the ratification or rejection at the same time, not piecemeal. (TOLENTINO
VS. COMELEC, 41 SCRA 702)

10. What is the archipelagic doctrine or archipelago theory?

It is the 2nd sentence of Section 1, Art. I of the Constitution which states that thewaters around, between
and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.

Reference:
Pre-Bar Quizzer in Political Law (Doctrinal Rulings, Requisites and Definitions) July, 2008 by Atty.
Larry D. Gacayan
College of Law, University of the Cordilleras
Baguio City