3 PARTS OF THE CONSTITUTION OPERATIVE FACT DOCTRINE

(1) Constitution of Government (Constitutional Law I) A law or an act may be declared unconstitutional but may produce legal
 3 branches of the government: effects.
o Legislative
o Executive “Law” is not limited to acts of Congress but may include issuances/acts of
o Judiciary the President, administrative bodies, quasi-judicial bodies.
 Constitutional Commissions
o CSC (Hacienda Luisita v. PARC)
o COMELEC
COA DAP is unconstitutional. (Araullo v. Aquino)
 Local Governments
 Public Accountability
 National Territory
 Declaration of Principles and State Policies
 Citizenship
 Suffrage
 Social justice and human rights
 Education, Science and Technology
 The family
 General provisions
(2) Constitution of Liberty (Constitutional Law II)
 Bill of Rights
 Criminal law
 Criminal procedure
o Arraignment
o Right to bail
o Promulgation of judgment
 Inherent powers of government
o Police Power
 Lawful means and lawful purpose
 Only regulates, prohibition is not
allowed
o Taxation
 Not a contract but an imposition
o Eminent Domain
 AKA expropriation, condemnation
(3) Constitution of Sovereignty
 Preamble
 Amendments or Revisions
 Transitory Provisions

CONSTITUTIONAL SUPREMACY
Manila Prince invoked Filipino first policy. GSIS contended that Manila Hotel
is not part of patrimony. Manila Prince argued that Manila Hotel was the
venue of many historical events. National patrimony involves heritage.
(Manila Prince Hotel v. GSIS)

Freedom of Religion is a constitutionally protected right. Rules on Civil Service

must yield to it. (Estrada v. Escritor)

JUDICIAL RESTRAINT
BAR TIP: When this is asked in the bar, there will always be a question
about judicial legislation.

Q: Is there judicial legislation?

A: No, court only applies the law or interprets the law. Court resorts to the
proceedings of the legislation when passing the law.

NOTE: Judicial restraint is important when talking about the separation of

powers.
 Legislative: Enact laws
 Executive: Implements/enforces the law; Fill-in details of
the laws through the IRR of the different admin agencies
 Judiciary: Passive branch; Resolves conflicts; Balancing of
interests

CHECKS AND BALANCES

Pres. Marcos amended the GAA and this encroached on a power vested by
the 1973 Constitution ni the Interim Batasan Pambansa. SC said that this
was unconstitutional. (Demetria v. Alba)

(Belgica v. Ochoa)

POLITICAL LAW REVIEW 1