Origin: Etymologically speaking, the term politics is derived from the Greek word `Polis’ which

means the city.

City-states like Athens and Sparta were relatively small and cohesive units, in which political,
religious, and cultural concerns were intertwined.

the activities or affairs of the government.

Law: system/body of rules

Lecture OutlinePOLITICAL LAW REVIEW (Prof. Rex M. Alobba)GENERAL CONSIDERATIONS

I.

Concept of Political Law That branch of public law which deals with the organization and
operation of the governmental organs of the state and defines the relations of the State withthe
inhabitants of its territory. (People vs. Perfecto; Macariola vs. Asuncion)1.

Elements of the Definitiona.

Public Law
– also called public act or public statute: a law or statute of a general character that applies to the
people of a whole state or nation(Dictionary of Law, James E. Clapp), e.g. constitutional law,
criminal law and administrative law.
b.

Deals with the organization and operation of government

-

Constitutional provisions on the various departments including Articles VI (Legislative), VII

(Executive), VIII (Judiciary), IX (Constitutional Commissions), X (Local Government)-

Laws on public administration including the Revised AdministrativeCode, Local Government Code,
Law on Public Officers and ElectionLaws.
c.

Defines the Relationship between the State and the inhabitants

-

The state in the exercise of police power, power of eminent domainand the power of taxation
interferes with individual rights of itsinhabitants.-
 The guarantees under the constitution against state’s arbitrary useof inherent powers are found
in the Bill of Rights of the 1987Constitution (III) including the Due Process Clause, Equal
ProtectionClause and the Non-Impairment of Obligation Clause;-

Constitutional provisions defining the relationship of the state andits inhabitants are primarily
found in Article III (Bill of Rights), IV (Citizenship), V (Suffrage) and to a certain extent in Article
II(Declaration of Principles)II.

Nature of Political Laws The nature of political law regulating the relationship between
government andits inhabitants changes when there is a change in the sovereignty.1.

When there is a change in sovereign, political laws are automatically abrogated, unless they are
expressly enacted by affirmative act of the new sovereign (Macariola v. Asuncion)

2.

However, there being no change in sovereignty during a belligerent occupation, the political laws
of the occupied territory are merely suspended, subject to revival upon the end of the
occupation. Laws whichare not in the nature of political laws are deemed continued unless
changedor amended by the belligerent occupant since they are intended to therelationship of
individuals among themselves and are not generally affected by changes in regimes or rulers. This
general rule does not apply to the following:2.a Suspension of political laws does not bind
enemies but affects only civilians. (Ruffy vs. Chief of Staff)2.b Suspension of political law does not
apply to crimes which are politicalin nature, e.g. treason and espionage. (Laurel v. Misa)III.

Constitutional Law as Primary Source1.

Constitutional law is a term used to designate the law embodied in theconstitution and the legal
principles growing out of the interpretation andapplication made by courts of the provisions of
the constitution in specificcases. (Sinco, Phil. Political Law, 1962)
2.

Sources of the 1987 Constitution

The provisions of the 1987 Constitution evolved from two (2) primary sources:2.a Treaties and
Organic Acts2.b Prior Constitutions of the Philippines TREATIES AND ORGANIC ACTS-

Treaty of Paris, April 1899, Spain relinquished sovereignty over thePhilippine Islands-

Treaty of Washington, November 1900 and the Treaty between U.S.and Britain, January 1930
where additional territories were ceded tothe U.S. as part of the Philippine territory.-

Mckinley’s Instructions to the 2

nd
Phil. Commission (1900) settingup a divided civil and military government under the U.S.
President as commander-in-chief; extended to Filipinos the Bill of Rights of theU.S. Const., except
right to bear arms and trial by jury.-

Spooner Amendment (1901) which established a fully civilgovernment under the U.S. Congress.-

Philippine Bill of 1902 which created two (2) houses of Congress – the upper house (Philippine
Commission) composed of Americansand the lower house (Phil. Assembly) composed of Filipinos;
defined who are the citizens of the Philippines as all inhabitants of the Phil.Islands who were
subjects of Spain as of April 11, 1899 whocontinued to reside therein and the children born
subsequent thereto.

Jones Law or the Philippine Autonomy Act (1916) established sgovernment of three (3) branches,
executive, legislative and judiciary with real separation of powers. The legislative department
consists of a Senate and House of representatives composed of Filipinos.-

Freedom Constitution of 1986 which was made the basis for governance during the interim
period from the ouster of FerdinandMarcos until the ratification of the 1987 Constitution on
February 2,1987.Philippine Constitutions-

The 1935 or Commonwealth Constitution which took effect onNovember 15, 1935. It is the
product of the Tydings Mcduffie Law of the U.S. Congress which called for the adoption of a
constitution for an independent Philippines.-

The 1973 or Marcos Constitution which took effect on January 17,1973 which established a
unicameral legislature called BatasanPambansa.-

The 1987 Constitution which took effect on February 2, 1987. Itsoutstanding features include:a.

The provisions of 1935 Const. particularly these pertaining tothe legislative and executive
departments were restored due torevival of a bicameral legislature; b.

The independence of the judiciary was strengthened by itsexpanded jurisdiction to acquire

jurisdiction over acts of theother departments to determine whether there is grave abuse of
discretion;c.

Provisions of the 1973 Const. on Constitutional Commissionand Local Government were

retained.d.
 The Bill of Rights has been considerably improved and bolstered by the creation of a Commission
on Human Rights. (PhilPolitical Law, Isagani Cruz, 1996 Ed.)
NATIONAL TERRITORY
I.

Concept of Territory Territory is the fixed portion of the surface of the earth inhabited by the
peopleof the State. Its components are the terrestrial domain, maritime and fluvialdomain, and
aerial domain. (Cruz, Phil. Pol. Law, 1996 Edition)II.

National Territory of the Philippines Article I of the 1987 Constitution substantially provides that
the nationalterritory comprises the Philippine Archipelago and all other territories over whichthe
Philippines has sovereignty or jurisdiction. The waters around, between andconnecting the
islands of the archipelago, regardless of their breadth anddimensions form part of the internal
waters of the Philippines.