POLITICAL LAW REVIWER:

Article I
Article II
SECTION 1
What is a state?
According to the Montevideo Convention of 1933, a state as a person
of international law should possess the following qualifications:
a. a permanent population (people)
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.
It does not matter that they posses diverse racial, cultural or economic
interests.
b. a defined territory
Still a state:
- even boundaries have yet to be finally settled,
- even if one of the boundaries are in dispute or some of its
territory is claimed by another state
- even if all of its territory has been occupied by foreign power
- even if it lost control of its territory temporarily
Every person who is found within the limits of a government, whether
temporarily or as a resident, is bound by the countrys laws.
There is no portion of PH territory that is beyond its power. Extent of
jurisdiction is territorial, personal and exclusive.
Concept of auto-limitation a state, if it chooses to, may refrain from
the exercise of what otherwise is illimitable competence. A state has
the capacity of self-determination and self-restriction. But this does
not does mean those areas of Philippine territory cease to be native
soil. Those exempted from the exercise of jurisdiction is still subject to
its authority as jurisdiction is merely diminished. It does not disappear.
- Bases under lease to US armed forces is NOT foreign territory
- A foreign embassy is within territorial domain of host state. If an
attach commits an offense within the embassy, his immunity
from prosecution is not because he has not violated local law,
but rather because he is an individual exempt from prosecution.
Hence, if a person is not exempt from prosecution and similarly

commits a crime in the embassy, he may be subject to

prosecution.
c. Government
Government vs Administration
- Government is the institution through which the state exercises
power
- Administration consists of the set of people currently running the
instituion. Administrations change without a change either state
or government.
o Transition from 1935 consti to 1973 consti to 1987 consti
involves changes of government, but not of state.
o The transition from PNoy to Digong involves a change of
administration, but not of government.
o When is there a change of state then?
2 level of government:
a. National level refers to three great departmentslegislative,
executive and judicial
b. Local level refers to regional, provincial, city, mun, and barrio
government
-does not include government entities given corporate personality
separate and distinct form govt and governed by corp code
Note: For purposes of international law, it is the national govt that has
legal personality and that is internationally responsible for action of
agencies and instrumentalities of the state
Functions of the government:
a. Constituent functions these are compulsory functions which
constitute the very bond of society i.e. fixing legal relations of
husband and wife, punishment of crime
b. Ministrant functions optional functions of the government
intended for achieving a better life for the community
Distinction more relevant in political science. But legally, use
governmental and proprietary functions instead
But remember that classification is not static and may change over
time
Classifications of governments on the basis of legitimacy:
a. de jure government

b. de facto government all acts and proceedings of the legislative,

executive and judicial department of a de facto government are
good valid.
Kinds of de facto government:
1. a government that gets possession and control of, or usurps ,
by force or by voice of majority, the rightful legal government
and maintains itself against the will of the latter
2. That which is establishes and maintained by military forces
who invade and occupy a territory of the enemy in the course
of war
3. That which is established as an independent government by
the inhabitants of a country who rise in insurrection against
the parent state
Inquiry as to whether the government is a de facto or de jure one
depends if asked in the local law context or the internatinal law
context.
a. local law context- as long as government is in possession, not
important o ask. Only when the government is ousted that the
question becomes important.
b. International law context- status depends on the recognition it
receives or it does not receive from the community of nations
Example: Corazon Aquinos government was de jure since the
nations accepted it as the legitimate government of the
Philippines
d. capacity to enter into relations with other states
(sovereignty)
- a state does not cease to be state when it voluntarily turns over
to another state the control of its foreign relations such as in the
case of protectorates or associated states
- a state does not cease to be a state when it agrees not to
engage in certain international activities or have delegated
authorities to do so to a supranational entity i.e European
Communities
xx
Q: is recognition by other states a constitutive element such that even
if it has all 4 elements, it is not a state if it has not been recognized?
A: There are two theories under international law:
a. Constitutive theory- it is recognition that constitutes a state; it is
what makes a state a state and confers legal personality on the
entity

b. Declaratory theory- being state depends on its possession of the

elements and not upon recognition; recognition is merely
declaratory of its existence
Democratic and republican state
-A republic government is one where sovereignty resides in the people
and where all government authority emanates from the people.
-import of the addition of democratic to describe the Philippine statea monument to people power during EDSA II; hence, PH is not just a
represenative government but also shares some aspects of direct
democracy such as initiative and referendum;
Section 2
Renunciation of War
-what is renounced are wars of aggression.
-The power to wage a defensive war is the very essence of
sovereignty .
Adopts the generally accepted principles of international law
as part of the law of the land
-this is the doctrine of incorporation; which gives international law the
force also of domestic law. Hence, international law can be used by PH
courts to settle domestic dispute like the Civil Code.
-The doctrine of incorporation only applies to CUSTOMARY LAW and
TREATIES WHICH HAVE BECOME PART OF CUSTOMARY LAW
-For treaties (which are not part of customary law) to become part of
the law of the land, they have to be RATIFIED.
Section 3
Civilian supremacy
-exemplified by the fact that the President is a civilian, and as a
civilian, he is the Commander-in-Chief of the Armed Forces of the
Philippines.
-C.s. is not a guaranteed supremacy of civilian officers who are in
power but of the supremacy of the sovereign people. Hence, the
Armed Forces in in a way the protector of the people and the state
Role of the armed forces of the Philippines
-role expressed in positive term s to counter the military abuses that
were rampant during martial law.
-protector of the people not meant to be an assertion of the
political role of the military. Rather, it was placed as corrective to
military abuses experienced during martial law. But this does not mean
the the military has no political role since its political role is found in

the phrase to secure the sovereignty of state and integrity of the

national territory. In other words, there are two thoughts in this consti
provision:
i. disapproval of military abuses and guardianship of state
sovereignty, which is sovereignty of people
ii. military exercise of political power can be justified as a last
resortwhen civilian authority has lost its legitimacy
By implication, it also means that the armed forces can be a legitimate
instrument for the overthrow of a civilian government that has ceased
to be the servant of the people.
Section 4
-the right of the government to require compulsory military service is a
consequence of its duty to defend the state and is reciprocal with the
duty to defend the life, liberty and property of the citizens
- a person may be compelled by force, if need be, against his will, his
pecuniary interests, and even against his religious or political
convictions, to take his place in the ranks of the army of his country, ad
risk the chance of being shot down in its defense
-not an excuse that they have a family to support; if such circumstance
exists, they can always ask or deferment or obtain proper pecuniary
allowance to fund family responsibilities
-under conditions provided by law this was palced in lieu of with
due regard for objections of conscience to give Congress a flexible
guideline for dealing with conscientious objectors.
Sec 8
-this not an absolute ban
-The provision means a ban on:
i. the possession, controlling and manufacturing of nuclear
weapons in our territory
ii. nuclear tests in PH territory
iii. the use of the H territory as a dumping ground for radioactive
wastes
iv. In Phs relations with other states, there must be a mechanism
for verification of the non-existence of nuclear arms
-This does NOT include a ban on:
i. the peaceful uses of nuclear energy
ii. all nuclear capable vessels. For a vessel to be banned, it is not
enough that is capable of carrying nuclear arms, it must actually
carry nuclear arms.
-This ban is SUBJECT TO THE NATIONAL INTEREST. This is an exception
to the ban since every instance must be left to the determination of

the state on a case-to-case basis. Hence, it is not per se a violation of a

nuclear weapons free zone to allow a ship that is nuclear powered or
bearing nuclear weapons to pass or enter ones territory
Note: The phrase consistent with the national interest is to be
construed as subject to the national interest
Section 10
- those who have less in life should have more in law
Section 12
Sanctity of family life and strengthen it as a basic and autonomous
social institution
- import of calling the family as a basic social institution shows
that the family is anterior to the state and is not a creature of the
state.
- autonomous protects the family against instrumentalization
by the state
equally protect the life of the mother and the life of the unborn from
conception
- the provisions does not assert that life of mother is equal to the
life of unborn. What is recognizes is that if it necessary to choose
between saving the life of the mother or that of the unborn, it
may be necessary and legitimate to sacrifice the life of the
unborn. But this does not mean that the life of the unborn may
be sacrificed merely to save the mom from emotional suffering
or to spare the child from a life of poverty.
- Adoption of this provisions was meant to prevent the state from
adopting the doctrine in Roe v Wade which liberalized abortion
laws up to the 6th month of pregnancy. Unborns entitlement to
protection begins from conception. Conception takes place at
fertilization. (not implantation see Garcia case?)
natural and primary right and duty of parents
-asserts that the right of parents is superior to that of the state
-unconstitutional law which requires children to go public schools
only (Pierce v society of Sisters)
-only the interest of the state of the highest order and those not
otherwise served can over balance the primary interest of parents in
the religious upbringing of their children.
-state is parens patriae
Section 16
-The right to a balanced and healthful ecology is self-executory

-inter-generational responsibility and inter-generational justice

(Oposa v Factoran)
-see LLDA v CA cases, MMDA v residents of manila bay cases
Section 26
-meaning of political dynasty leg fro congress to define. To this day,
Congress has not provided for a definition
ARTICLE VI
Sec 1
Bicameralism
-Ratio for having a bicameral congress:
1. an upper house is a body that looks at problems from the national
perspective and this serves as a check on the parochial tendency of
a body elected by districts
2. allows for a more careful study of legislation
less vulnerable to attempts of the executive to control the
legislature
Nature of legislative power
- Legislative power is the authority to make laws and to alter and
repeal them.
- It is a derivative and delegated power
o The Constitution is the work or will of the people
themselves. Law is the work of the legislature in their
derivative and subordinate capacity.
-Consti grants to eh Congress plenary legislative power. Hence, any
power deemed to be legislative by usage and tradition is lodged in
Congress unless it is lodged elsewhere.
-Consti has given legislative power to the electorate thru the
exercise of intiative and referendum
-Only congress can make laws and Congress may no delegate it law
making power (non-delegability of legislative powers)
-Congress cannot pass irrepealable laws. Why? Since this limits the
legislative power of its successors
Separation of powers
-an aspect of the presidential system: leg, exec, and jud. As
opposed to parliamentary system where leg and executive
departments cooperated with each other. they are not separated.
But separated from judicial department though
-legislation belongs to congress, execution to executive, settlement
of legal controversies to judiciary. The other is prevented from
invading the domain of the other

-separation is not total since the system allows for CHECK AND
BALANCES (cooperation among departments)
Limits on legislative power
-subject to the substantive limitations chiefly found in the Bill of
Rights
-subject to procedural limitations in the manner of passing bills and
the form they should take
Who holds the legislative power?
-the original legislative power belongs to the people, who thru the
Constituion, confer derivative power on the legislature
-initiative and referendum people have reserved to themselves the
authority to correct legislative mistakes or to supplement legislative
inadequacies
- The power of initiative and referendum is the power of the
people directly to propose and enact laws or approve or reject
any act or law or part thereof passed by Congress or local
legislative body.
-the operationalization of the I and r left by Consti to Congress.
-while legislative power of Congress is plenary, the leg power of
people thru initiative and referendum is subject to the
exceptions which Congress may impose
Q: Can Congress give to the President veto power over laws passed
thru intitaitve and referendum?
A: Since Congress is to be provide for everything for the full
implementation of initiative and referendum, the Pres can have a role
in initiative and referendum only if he is given a role by law.

Legislative powers of Cory Aquino and Marcos

- laws enacted during those times are effective and continue to be
so until repealed or until found inconsistent with Constituion
- Marcos: leg powers flowing from his martial law powers. This is
extraordinary legislative power given to pres to enable him to
cope with extraordinary situation at a time when there was no
operating leg body
o 1973 Constitution provided for 2 concurrent legislative
agencies: the Batasang Pambansa and the President. Leg
power of BP was ordinary while that of the President was
extraordinary. It was eo not only because it was a tool to
cope with emergencies but because it enabled the Pres to
supply for the BP when in the judgment of the pres, BP

failed to act on a matter. It also enabled him to undo what

BP might done not to his satisfaction
Coy: After edsa revolution, cory assumed revolutionary legislative
power and abolished the BP. Until a leg is elected, leg power was
vested in the president.
Difference between Cory and Marcos in marcos, legislative
power was exercised concurrently by the BP and President; while
in Aquino, she exercised it alone.

Non-delegability of legislative power

- delegate potestas non potest delegari= what is delegated cannot
be further delegated
- 2 theories on why administrative agencies are empowered to
exercise vast regulatory powers and create rules and regulations
which have the force and effect of law: (NOTE that under two
theories, what admin agency is doing is NOT law making, but law
execution)
a. Fill up the details a non-legislative body may be
authorized to fill up the details of a statute
b. contingent legislation legislation which leaves to
another body the business of ascertaining the facts
necessary to bring the law into actual operation i.e VAT
To ensure that what admin agency does in not law-making but merely
law execution, the statute making the delegation must:
a. be complete itself (completeness test) must set forth the
policy to be carried out or to be implemented; describes what
job must be done, who is to do it, and what is the scope of his
authority
b. fix a standard (sufficient standard test) the limits of which
are sufficiently determinate or determinable to which the
delegate must conform in the performance of his function;
standard may be express or implied from the policy and
purpose of the act when considered as a whole; the standard
may even be embodied in another statute dealing with the
same subject as that of the challenged law
Rationale behind allowing agencies to promulgate supplementary
rules the growing complexity of modern society, it is necessary to
create more admin bodies to help in the regulation of its ramified
activities
For an administrative regulation to have the force of a PENAL LAW, the
ff must be present:
1. the violation be made a crime by the delegating statute
2. that the penalty be provided by the statute itself

3. that the regulation be published

Hence, a law which prescribed a penalty in the discretion of court is
invalid.
Exceptions to the non-delegability rule:
a. Local governments can legislate on purely local matters . Note
that what is given to local legislative bodies is true legislative
power and not just the power to promulgate rules and
regulations.
b. Congress, in times of war and other national emergencies, can
give to the President, the powers necessary and proper to carry
out a declared national policy (Sec 23(2), Art VI)
c. Congress can delegate to the President the power to:
a. Fix tariff rates
b. Fix import and export quotas
c. Fix tonnage and wharfage dues
d. Fix other duties and imposts (Section 28(2), Art VI)
Post-enactment powers of congress (OVERSIGHT POWER)
Any post-enactment measure should be limited to SCRUTINY AND
INVESTIGATION . Congressional oversight must be limited to the
following:
a. Scrutiny congress has the power to ask department heads
to appear before them on matter pertaining to their
departments. This is based on Congress power of
appropriation and the budget hearings conducted in
connection with it
b. Investigation and monitoring of implementation of laws
pursuant to its power to conduct inquiries in aid of legislation
Section 2
- as may be provided by law refers to the mechanics for electing
the Senators as large; it does not refer to the number of
senators. Hence, to increase or decrease the number of senators
(24), consti amendment is needed.
- Electing senators at large means senators are to be voted for by
entire national electorate. Ratio: So that Senators can look on
problems from the national and not parochial perspective
Section 4
-Senatorial elections take place every three years and are elected for a
six year term
-when a senator has served two consecutive terms, he need not wait
for six years before he can run again for senate. He only needs to wait
three years after the expiration of his second term.

Section 5
Composition of the House of Representatives
- total number of reps may be raised from time to time by statute.
This can be done thru reapportionment which results in the
creation of new districts or thru creation of new provinces or
cities since each prov is entitled to one district
- When a municipality of a congressional district is converted into
a city large enough to entitle it to one leg district, incidental
effect is the splitting of the district into two. Incidental arising of
new district in this manner need not be preceded by a census.
- If imbalance results because of the increase of number of leg dis
or because of creation of new province or city, COMELEC has no
authority to correct the imbalance by the transfer of mun from
one district to another. Correction of imbalance must await the
enactment of a reapportionment law.
Kinds of representatives
Two kinds:
1. District representatives elected by districts
2. Part list representatives elected thru the party list system
3. Sectoral representatives only last for thex three consecutive
terms after ratification of 1987 Consti. No longer exists now.
District representatives
- rule for apportionment is based on the basic principle of
republicanism that one mans vote should carry as much weight
as the vote of any other man
- Rules on apportionment:
1st rule: Legislative districts should be apportioned among
provinces, cities and MM area in accordance with the number of
respective inhabitants and on the basis of a uniform and
progressive ratio
2nd rule: Each leg district shall comprise as far as practicable
contiguous, compact and adjacent territory (Hence, ethnic or
tribal considerations might justify departure from rule)
3rd rule: each city with a population of at least 250, or each
province shall have at least one rep.
- if a city has less than 250 inhabitants, it will simply be
represented as a part of the districts within a province
- province is entitled to one rep no matter its population size
4th rule: