POLITICAL LAW REVIEW
POLITICAL LAW – 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. (People vs. Perfecto, 43 Phil. 887)
SCOPE/DIVISIONS OF POLITICAL LAW
1. CONSTITUTIONAL LAW – the study of maintenance of the
proper balance between authority as represented by the three
inherent powers of the State and liberty as guaranteed by the
Bill of Rights.
2. ADMINISTRATIVE LAW – branch of public law which fixes
the organization of government, determines the competence of
the administrative authorities who execute the law, and indicates
to the individual remedies for the violation of his rights.
3. LAW ON MUNICIPAL CORPORATIONS
4. LAW OF PUBLIC OFFICERS
QUALITIES OF A GOOD WRITTEN CONSTITUTION:
1. BROAD – must be comprehensive enough to provide for
every contingency.
2. BRIEF – must confine itself to basic principles to be
implemented with legislative details more adjustable to change
and easier to amend.
3. DEFINITE – to prevent ambiguity in its provisions
ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION:
1. CONSTITUTION OF LIBERTY – 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 (e.g. Bill of Rights)
2. CONSTITUTION OF GOVERNMENT – organization of the
government, enumerating its powers, laying down certain rules
relative to its administration, and defining the electorate. (e.g.
Legislative, Executive, Judiciary, Constitutional Commissions)
THE PHILIPPINE CONSTITUTION
3. CONSTITUTION OF SOVEREIGNTY – mode or procedure
in accordance with which formal changes in the fundamental law
may be brought about (e.g. Amendments or Revisions)
CONSTITUTION – the body of rules and maxims in accordance
with which the powers of sovereignty are habitually exercised.
INTERPRETATION/CONSTRUCTION OF THE
CONSTITUTION
- (with particular reference to the Philippine Constitution) the
written instrument enacted by direct action of the people by
which the fundamental powers of the 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.
a. VERBA LEGIS – the words used in the Constitution must be
given their ordinary meaning except when technical terms are
employed
5. ELECTION LAWS
PURPOSE: to prescribe the permanent framework of a system
of government, to assign to the several departments their
respective powers and duties, and to establish certain first
principles on which the government is founded.
CLASSIFICATION:
1. (a) WRITTEN – one whose precepts are embodied in one
document or set of documents
(b) UNWRITTEN – consists of rules which have not been
integrated into a single, concrete form but are scattered in
various sources.
2. (a) ENACTED (Conventional) – formally struck off at a
definite time and place following a conscious or deliberate effort
taken by a constituent body or ruler
(b) EVOLVED (Cumulative) – result of political evolution, not
inaugurated at any specific time but changing by accretion
rather than by any systematic method.
3. (a) RIGID – one that can be amended only by a formal and
usually difficult process
b. RATIO LEGIS ET ANIMA – the words of the Constitution
should be interpreted in accordance with the intent of the
framers.
c. UT MAGIS VALEAT QUAM PEREAT – the Constitution has
to be interpreted as a whole.
NOTE: There should be an effort to harmonize 2 conflicting
provisions.
NOTE: In case of doubt, the provisions should be considered
self-executing; mandatory rather than directory; and prospective
rather than retroactive.
SELF-EXECUTING PROVISIONS – complete in itself and
becomes operative without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule by means of
which the right it grants may be enjoyed or protected
DOCTRINE OF CONSTITUTIONAL SUPREMACY – the
Constitution is the fundamental and supreme law of the land.
Any law or contract which contravenes the provisions of the
Constitution shall be considered as null and void and without
any force and effect.
AMENDMENT VS. REVISION
(b) FLEXIBLE – one that can be changed by ordinary
legislation.
REVISION – broadly 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.
NOTE: The Philippine Constitution is WRITTEN, ENACTED and
RIGID.
- affects several provisions of the Constitution
AMENDMENT – broadly refers to a change that adds, reduces,
deletes, without altering the basic principle involved
- affects specific provisions of the Constitution
TWO-PART TEST (in determining whether a proposal
involves an amendment or revision):
1. QUANTITATIVE TEST – whether the proposed change is so
extensive in its provisions as to change directly the “substance
entirety” of the Constitution by the deletion or alteration of
numerous provisions
2. QUALITATIVE TEST – inquires into the qualitative effects of
the proposed change in the Constitution
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