Notes and Cases in Political Law Review

(Prelims)
I.

The Philippine Constitution

A. Constitution: definition, nature and concepts
a. Political Law

1. Definition:
branch of public law which deals with the organization and operation of the
government organs of the state and defines the relations of the state with the
inhabitants of its territory. (Sinco, Phil Political Law 1, 11th ed., 1962)
2. Scope of Political Law (Sinco)
law of public administration - deals with the organization and management of the
different branches of the government,
constitutional law - deals with the guaranties of the constitution to individual rights and
the limitations on governmental action
administrative law - deals with the exercise of executive power in the making of rules
and the decision of questions affecting private rights and
the law of public corporations - deals with governmental agencies for local government
or for other special purposes.
B. Constitutional Law
1. Definition
* As understood in American and Philippine Jurisprudence, a term used to designate
the law embodied in the constitution and the legal principles growing out of the
interpretation and application made by courts of the provisions of the constitution in
specific cases. xxx
* A distinct branch of jurisprudence dealing w/ the legal principles affecting the nature,
adoption, amendment, and operation of the constitution. (Sinco 67.)
C. Constitution
I. Definition
* Tanada and Fernando: "a written instrument organizing the government, distributing
its powers and safeguarding the rights of the People."
* Malcolm and Laurel: "the written instrument by which the fundamental powers of
government are established, limited and defined, and by which those powers are
distributed among the several departments for their safe and useful exercise for the
benefit of the body politic."
B.
C.
D.
E.
II.

Parts
Amendments and revisions
Self-executing and non-self-executing provisions
General Provisions

General Considerations
A. National Territory
B. State Immunity
C. General principles and state policies
D. Separation of Powers
E. Checks and Balances
F. Delegation of Powers
G. Forms of Government

III.

Legislative Department
A. Who may exercise legislative power
B. House of Congress
C. Legislative privileges, inhibitions, and disqualifications
D. Quorum and voting majorities
E. Discipline of members
F. Electoral tribunals and the Commission on Appointments
G. Powers of Congress

IV.

Executive Department
A. Privileges, inhibitions and disqualifications
B. Powers
C. Rules of Succession