Documente Academic
Documente Profesional
Documente Cultură
GENERAL PRINCIPLES
1. Political Law
a. Definition:
i. In the case of People VS Perfecto, the court
defined political law as 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.
ii. In Macariola VS Asuncion where certain
provisions of the Spanish Code of Commerce
were deemed to be abrogated because they
partake the nature of a political law because it
regulates the relationship between the
government and certain public officers and
employees, like judges.
2. Constitutional Law:
i. Branch of public law that treats of constitution,
their nature, formation, amendment, and
interpretation.
ii. It refers to the law embodied in the constitution
and the principles growing out of the
interpretation and application made by the
courts.
iii. C.J. Hughes defines constitutional law as what
the judges say it is.
1. It is a body of rules resulting from the
interpretation by a high court of a written
constitutional instrument in the course of
disposing of cases in which the validity, in
relation to the constitutional instrument, of
some act of governmental power has
been challenged
a. Scope:
i. Constitutional
Law,
Administrative Law, Law of
Public Officers, Election
Law, Law on Municipal
Corporations,
Elections
Law.
b. Necessity of the study of Political Law:
i. Every citizen, regardless of calling, should
understand the mechanics and motivations of
his government. Why? Because sovereignty
resides in the people and all government
authority emanates from them.
ii. The success of the Republic of the Philippines
will depend upon the active involvement of every
Filipinos in public affairs.
c. Basis:
i. The 1987 Constitution of the Philippines
ii. Pertinent statutes
iii. Executive Orders and decrees
iv. Juridical decisions
v. Current Political events in which the purposes of
the law are applied
vi. The 1935 and 1973 constitutions which served
as the working drafts of the present constitution
vii. Constitution of the United and the ruling of its
Supreme Court
1. Some parts of the Constitution of the
Philippines was taken or in the words of
J. Cruz Imported from the United States
Constitution (E.g. Bill of rights).
a. Imported provisions should be
interpreted in the light of their
understanding in the country of
origin.
viii. Organic laws which are made to apply in the
Philippines
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
3. Constitution:
a. Definition:
i. J. Miller defines constitution as a written
instrument by which the fundamental powers of
government are established, limited, and
defined, and by which these powers are
distributed among several departments, for their
more safe and useful exercise for the benefit of
the body politic.
ii. It is 1. The written instrument agreed upon by
the people 2. As the absolute rule of action and
decision for all departments and officers of the
government 3. In opposition to which any act or
rule of any department or officer of the
government, or even the people themselves, will
be altogether void.
1. It is THE SUPREME LAW OF THE
LAND.
b. Constitution VS Statute
Constitution
Statute
Legislation is direct from the Legislation
from
the
people
peoples representative
States general principle
Provides the details of the
subject matter of which it
treats
Intended not merely to meet Intended primarily to meet
existing conditions
existing conditions only
It is the fundamental law of It
conforms
to
the
the state
constitution
c. Nature and Purpose
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
Rigid or inelastic
Flexible or elastic
One
which
cannot
be One which possesses no
amended or altered except by higher legal authority than
some
machinery
more ordinary laws and which may
cumbrous than the ordinary be altered in the same way as
legislative process
other laws
i. The Philippine Constitution may be classified as
a Conventional, Written, and Rigid constitution.
It was drafted by an appointive body called
Constitutional Commission.
ii. Advantage of a conventional, rigid, and written
constitution:
1. Permanence: It can resist capricious
change dictated not by legitimate needs
but only by passing fancies, temporary
passions or occasional infatuations of the
people with ideas or personalities.
a. Permanence of the constitution
also has disadvantages:
i. It is unable to adjust to the
genuine need for change
brought about by new
conditions
and
circumstances.
ii. The difficulty in amending
DELAYS in effecting the
needed change and thus
cause irreparable injury to
the public interest.
iii. The written constitution thus
become an impediment
rather than a spur to
progress.
e. Requisites of a Good Written Constitution
i. As to form, a good written constitution should
be:
1. Brief:
a. If a constitution is too detailed, it
would lose the advantage of a
fundamental law which in a few
provisions outlines the structure of
the government of the whole state
and the rights of the citizens.
2. Broad:
a. Statement regarding 1. The
powers
and
functions
of
government, and 2. The relations
between the governing body and
the governed requires that it be as
comprehensible as possible.
3. Definite:
a. Any vagueness which may lead to
opposing
interpretations
of
essential features may cause
incalculable harm.
f. Essential Parts of a Constitution
i. Constitution of Liberty:
1. Sets forth the fundamental civil and
political rights of the citizens and imposes
limitations on the powers of the
government as a means of securing the
enjoyment of those rights (E.g. bill of
rights)
ii. Constitution of Government:
1. Outlines the organization of the
government, enumerates its powers, lays
down certain rules relative to its
administration and defines the electorate
(E.g. Articles VI, VII, VIII, IX- Legislative
Dept., Executive Dept., Judicial Dept.,
and
Constitutional
Commissions
respectively)
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
Facts: Petitioners Lambino, et. al. commenced gathering signatures for an initiative
petition to change the 1987 constitution. Lambinos group filed a petition with the COMELEC
to hold a plebiscite that will ratify their initiative petition through RA 6735. They further aver
that their petition complies with the constitutional requirements laid down in Sec. 2 Article
XVII of the constitution, as they have 6 million individuals supporting the foregoing petition.
In summary, the proposed changes of the Lambino Group intends to change the form of
government from a bicameral-presidential form of government to unicameral-parliamentary
form of government.
Issue: Does the proposed changes made by the Lambino group constitutes a revision or a
amendments.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
i. The
meaning
of
a
constitutional command can
also be drawn from the
known
governmental
structure set up by the
constitution.
d. In effect, the congress acting as a
constituent assembly upon a vote
of three-fourths of all its members
voting separately may propose
changes in the constitution.
i. Assuming arguendo, that
there are 300 members of
the
House
of
Representatives and that
there are 24 Senators in the
Senate and that of the
members of the HOR is 225
and that of the members
of the senate is 8, 233
members of the congress is
needed to enact proposed
changes
in
the
constitutions.
2. Constitutional Convention: A body for the
express purpose of framing a constitution,
or revising the existing constitution, or
formulating amendments to it for the
approval of the electorate.
a. How a Constitutional Convention is
formed?
i. Sec. 3 of Art. XVII provides
that
a
constitutional
convention may be called
by:
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
power
by
necessary
3
implication .
iv. Implementing details are
within the authority of
Congress not only as a
Constituent Assembly but
also in the exercise of its
comprehensive legislative
power4.
v. Congress as a legislative
body may thus enact
necessary
implementing
legislation TO FILL IN THE
GAPS WHICH CONGRESS
AS A CONSTITUTIONAL
ASSEMBLY OMMITTED5.
vi. Q: How many delegates
does
a
constitutional
convention have?
1. A: There is no fix
number
in
the
number of delegates
in a constitutional
convention.
In
Imbong
VS
COMELEC,
the
Supreme Court held
that the number of
delegates in the ConCon
is
to
be
determined by the
Congress6.
3
Imbong VS COMELEC
4
Ibid
5
Ibid
6
In the same case, Congress acting as a constituent assembly passed Resolution no. 4
which amended an earlier resolution passed by the same body, and provided that 320
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
In the same case, the court held: There is in this provision nothing to indicate that the
"election" therein referred to is a "special", not a general, election. The circumstance that
three previous amendments to the Constitution had been submitted to the people for
ratification in special elections merely shows that Congress deemed it best to do so under
the circumstances then obtaining. It does not negate its authority to submit proposed
amendments for ratification in general elections.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
amendments
in
the
constitution.
b. Tolentino VS COMELEC
i. There should be NO
PIECEMEAL SUBMISSION
OF
VOTES.
All
amendments
must
be
submitted for ratification at
one plebiscite only because
the people have to be given
a proper frame of reference
in
arriving
at
their
10
decision .
c. Judicial Review of Amendments
i. Question of the adoption of amendments to the
constitution is regarded now as subject to
judicial review.
ii. The court can now inquire whether or not the
prescribed procedure for amendment has been
observed.
iii. The judiciary may declare invalid a proposal:
1. adopted by less than of the members
of the Congress,
2. a call for a constitutional convention by
less than 2/3 of the legislature
3. ratification made by less than a majority
of the votes cast
4. Plebiscite irregularly held.
d. Constitutional History:
i. Pre-Colonial Era
1. Inhabitants of the Philippines consisted of
disparate tribes who were then scattered
throughout its more than 7000 islands.
2. These tribes were generally free and
were each governed by a system of laws
10
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
10
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
11
Nation
A people bound together by
common attractions and
repulsions into a living
organism possessed of a
common pulse, a common
independent
government
organized for political ends
to which the great body of
inhabitants render habitual
obedience.
Political concept
Not subject to external
control
Racial concept
May or may not be
independent of external
control
May consist of one or more May be made up of several
nations or peoples
states
2. Elements
iii. People:
1. A community of persons sufficient in
number and capable of maintaining the
continued existence of the community
and held together by a common bond of
law. (See discussion in Nachura)
2. The inhabitants of the State.
3. People must be numerous enough to be
self-sufficing and to defend themselves
AND Small enough to be easily
administered and sustained.
4. People must come from both sexes to be
able to perpetuate themselves.
iv. Territory:
1. A fixed portion of the surface of the earth
inhabited by the people of the State.
2. Territory must not be too big as to be
difficult to administer and defend
3. Territory must not be too small as to be
unable to provide for the needs of the
population.
4. Components of territory:
a. Terrestrial domain
b. Maritime domain
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
13
c. Aerial domain
National Territory (Refer to Art. 1 of the 1987 PC)
1. Necessity of constitutional provision on National
Territory:
Binding force of such provision under international law;
Value of provision defining our national territory;
Acquisition of other territories;
Deliberations in the constitutional convention that drafted
the 1973 Constitution is enlightening as to why is there a
need to define the national territory in the constitution:
o Delegates Roco and Nolledo reiterated that a
definition of the national territory is necessary for the
preservation of our national wealth, for national
security, and as a manifestation of our solidarity as a
people.
o Delegate Quintero made three points on why it is
important to define the national territory in the
constitution: 1. Territorial assertions in R.A. 3046 were
couched merely in whereas clauses, and that these
clauses should be expressed in more authoritative
fashion; 2. Deleting the entire article on national
territory would leave the status of Batanes in doubt; 3.
It will cure the defects of the 1935 constitution to
express the possibility of future territorial acquisitions
by the Philippines.
2. Philippine Territory:
A. The Philippine Archipelago
Q: What is an Archipelago?
A: A unit of water studded with islands. This means that
the land area is everything that comes within the water
area.
NB: In the deliberations of the constitutional convention
that 1973 constitution, Del. Roseller Lim from Zamboanga
asked where this archipelago was. Committee Chairman
Quintero answered that IT WAS THE AREA
DELINEATED IN THE TREATY OF PARIS.
th
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
14
G. Territorial Sea
Consists of marginal belt of maritime waters adjacent
to the base lines extending 12 nautical miles
outward 12 . Outside the territorial sea are the high
seas.
Traditional length of the territorial waters measured
seawards, according to the canon-shot rule of 17023 miles.
H. Baselines
The low-water line along the coast as marked on
large-scale charts officially recognized by coastal
state.
2 ways of drawing the baseline:
Normal baseline: One drawn following the lowwater line along the coast as marked on largescale charts officially recognized by the coastal
state.
Straight baselines: Connect the outermost points
of our archipelago with straight baselines and
consider all the waters enclosed hereby as
internal waters.
This
makes
the
Philippines
an
archipelago. The entire archipelago is
regarded as one integrated unit instead of
being fragmented into so many thousand
islands.
15
J. Insular shelf
Seabed and subsoil of the areas adjacent to the coastal
state but outside the territorial sea, to a depth of two
hundred meters.
Seabed and subsoil of areas adjacent to islands.
Summary of Philippine Territory according to Commissioner Adolfo
Azcuna:
Terrestrial Domain: Includes all surfaces of lands above
the sea that belongs to the Philippines.
Fluvial Domain: Includes the inland waters (E.g. Bays, and
river, streams, the sea landwards from the baselines).
Aerial Domain: Air directly above its terrestrial. All the air
that lies above the land and water territory is PH territory.
All the way up to the outer space, there is no more air.
Territorial Sea: Margin or belt of maritime waters adjacent
to our base lines up to the extent of 12 nautical miles.
It is a belt surrounding our base lines seaward.
Seabed: Below the territorial sea. Also PH territory.
Continental Shelf: Submarine area that is directly under
the water beyond the territorial sea up to the edge of the
continental margin, regardless of the depth of the
superjacent waters.
v. Government:
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
16
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
17
13
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
18
Government
which
is
established
and
maintained by military forces who invade and
occupy a territory of the enemy in the course of
war, and which is denominated a government of
paramount force.
Has 2 characteristics: 1) Its existence is
maintained by active military power
within the territories and against the
rightful authority of an established and
lawful government. 2.) While it exists it
must necessarily be obeyed in civil
matters by private citizens who, by acts
of obedience rendered in submission to
force, do not become responsible, as
wrongdoers, for those acts, though not
warranted by the laws of the rightful
government.
Independent
Government:
A
de
facto
Government that is established as an
independent government by the inhabitants of a
country who rise in insurrection against the
parent state.
Said case also concluded that the Philippine Executive
Commission was a civil government established by
military forces or occupation and therefore a de facto
government of the second kind. As Halleck says, the
government established over an enemys territory
during the military occupation may exercise all the
powers given by the laws of war to the conqueror over
the conquered, and is subject to all restrictions which
that code imposes. It is of little consequence whether
such government be called a military or civil
government. Its character is the same and the source
of its authority the same. In either case, it is a
government imposed of suck territory or the rest of the
world, those laws alone determine the legality or
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
19
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
20
BELLIGERENT OCCUPANT.
even if the individual is outside the territory of the
State.
At the end of the belligerent occupation, when the
occupant is ousted from the territory, the political laws
Extraterritorial: Power exercised by the State
which had been suspended during the occupation shall
beyond its territory in the following cases:
automatically become effective again, under the
Assertion of its personal jurisdiction over its
doctrine of JUS POSTLIMINIUM.
nationals abroad,
Jus Postliminum: When a property taken by the
By virtue of its relations with other states or
enemy is either recaptured or rescued from him,
territories, as when it establishes a colonial
by the fellow subjects or allies of the original
protectorate, or a condominium, or
power, it does not become the property of the
administers a trust territory
recaptor or rescuer, as if it had been a new prize,
When the local state waives its jurisdiction
but it is restored to the original owner by right of
over persons and things within its territory,
postliminy, upon certain terms.
as when a foreign army stationed therein
Dominium VS Imperium
remains under the jurisdiction of the
Dominium
Imperium
sending state
Refers to the capacity to The authority possessed by
By the principle of extraterritoriality, as
own or acquire property, the State embraced in the
illustrated by the immunities of the head of
including lands held by the concept of sovereignty.
state in a foreign country.
state in its proprietary
capacity.
5. Act of State: An act done by the sovereign
power of a country, or by its delegate,
Jurisdiction:
within the limits of the power vested in
Territorial: Power of the State over persons and
him. It cannot be questioned or made the
things within its territory.
subject of legal proceedings in a court of
Exceptions:
law. (E.g. The president, in the exercise of
Foreign states (Heads of states,
its diplomatic power, extends recognition
diplomatic representatives)
to a newly established foreign state or
Foreign state property (Embassies,
government).
consulates, and public vessels engaged in
non-commercial activities)
IV.
The Doctrine of State Immunity from Suit
Acts of state
Constitutional
Provision (Sec. 3 Article XVI PC): The state may
Foreign merchant vessels exercising
not
be
sued
without
its consent.
rights of innocent passage
Foreign armies passing through or
1. Stages in the suit against the state:
stationed in its territory with its permission.
a. Suability
Personal: The power of the State over its
b. Liability
nationals, which may be exercised by the State
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
21
F: In this case, the Supreme Court granted the petition of petitioner Republic of the
Philippines to nullify and set-aside the decision rendered by Respondent Judge Villasor,
ordering for the execution of the decision granting, P.J. Kiener Co. Ltd., Gavino Unchuan,
and ICC the arbitration award amounting to Php 1,712,396.40. The aforementioned amount
will be taken from the funds of the AFP. I: 1.) Whether or not the suit is against the state. 2.)
Whether or not the funds of the AFP can be garnished.
The Holy See owns a lot in Paraaque and they sold it to 2 buyers who then assigned
rights to the sale to Rosario. In the agreement that ensued between the Holy See and the
buyers, the Holy See stated that they will provide for the clearing of the land that was then
filled with informal settlers. However, such did not happen. Subsequently, a dispute arose
as to who should clear the parcels of land. Respondent then filed a complaint for the
annulment of the sale, but the DFA intervened and said it had a legal interest in the outcome
of the case as regards the diplomatic immunity of the petitioner. Petitioner in this case avers
that the respondent trial court has no jurisdiction over petitioner, being a foreign state
enjoying sovereign immunity. On the other hand, private respondent insists that the doctrine
of non-suability is not absolute because the petitioner has divested itself of such a cloak
when of its own free will, it entered into a commercial transaction for the sale of a parcel of
land located in the Philippines.
17
Sanders and Moreau were both ranking officials of the U.S. Navy stationed in the
Philippines. Respondents Rossi and Wyers, both American Citizens were employed as
gamerooms in the special services division of the NAVSTA. Sometime in October 1975,
Rosi and Wyers were advised that their employment had been converted from permanentfull time to permanent part-time. Apparently, respondents instituted a grievance proceeding.
Subsequently, the hearing officers rendered a judgment in favor of respondent, ordering for
the reinstatement of the permanent-full time status of the petitioners. However, in a letter
sent by Sanders to Moreau, the former disagreed to the decision of the Hearing Officer.
After said letters were exchanged, Respondent filed a claim for damages, saying that said
letters contained libelous accusations that exposed respondents to ridicule and caused
them mental anguish, and maintained that petitioners were being sued in their personal
capacity. Petitioners however maintained that the acts complained of were performed in the
discharge of their official duties.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
22
and
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
23
iii.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
24
iv.
v.
vi.
a. Transformation:
Method
requires
that
an
international law principle be transformed into
domestic law by methods such as local legislation
b. Incorporation: This method applies, by mere
constitutional declaration, international law is
deemed to have the force of domestic law.
Doctrine of incorporation is applied whenever local
courts are confronted with situations in which there
appears to be a conflict between a rule of international
law and the provisions of the constitution or some
municipal laws of the local state.
a. In case there is a conflict between an international
law and a municipal law:
i. First step: Harmonize both laws so as to give
effect to both.
ii. If the conflict between the two laws seemed
to be irreconcilable, proceed to second step:
municipal laws must be upheld.
b. In Ichong VS Hernandez18, the court held the treaty
between the Philippines and Burma regarding the
Philippines importation of rice in the said country is
invalid because the retail trade national law (law in
conflict with the foregoing treaty), was passed in the
exercise of the police power, which cannot be
bargained away through the medium of a treaty or a
contract.
c. In the case of In Re: Garcia, the court helt that
treaties could not be intended to modify the laws in
18
Petitioner sought for the invalidation of the R.A. 1180 also known as the Retail Trade
Nationalization Act because they believed that said law contravened with several treaties
namely the charter of the UN and the declaration of Human Rights, and the treaty of Amity
with PRC. In denying said petition, the court held that no treaties or international obligations
were infringed when said law was promulgated. But granting arguendo that the said law
infringes upon said the aforementioned treaties, the treaty is always subject to qualification
or amendment by a subsequent law and the same may never curtail or restrict the scope of
the police power of the state. There is no question that R.A. 1180 was approved in the
exercise of police power.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
25
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
26
ii.
iii.
iv.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
27
ii.
iii.
19
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
28
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
29