POLITICAL LAW

BASIS
➢ is a 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 1. 1987 Constitution
the inhabitants of its territory [People v. Perfecto, 43
Phil. 887; Macariola v. Asuncion, 114 SCRA 77] 2. 1973 and 1935 Constitutions

➢ POLITICAL comes from the Greek word “Polis” 3. Organic laws made to apply to the Philippines—
(City/state) (eg. Republic of the Philippines – modern
times) a. Philippine Bill of 1902

➢ It is a study about the “State” and when you study
about the state, you study about “group of people” more
or less with numerous tiny definite proportions of
territory having a government to which they render
habitual obedience and enjoys sovereignty.
SCOPE/DIVISIONS
(CALLE)
1. Constitutional Law—the study of the
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. [Cruz, Constitutional Law,
1993 ed., p. 1].
2. Administrative Law-- That branch of public
law which fixes the organization, determines
the competence of administrative authorities
who executes the law, and indicates to the
individual remedies for the violation of his
right.
 Those who are in the Executive Branch, in
the different administrative bodies: What
are the powers and how do they relate
with each other?
 Deals on how government officials run the
government and the extent of the exercise
of the powers on how one branch or one
department, bureau or agency or
instrumentality relates with each other.
3. Law on Municipal Corporations
 Study of “How does the Natural government
relate with the Local Government?” (That may
be changed in the future, because as of now,
we only have Local autonomy for Local
government are subject to the authority of the
“National Government” meaning “they cannot
pass laws independent of the “National
Government”)
4. Law of Public Officers
 When they are chosen, how do they relate
with the govern?
 What are their duties and responsibilities?
5. Elections Law
 How do we choose our government
officials?
 Pertain to the election of the
representatives of the government by the
people, the limitation on the conduct of
election. It has something to do with the
government because without election,
there cannot be a government or officials
in the government
6. Public International Law
 Deals on the Study how these states relate
with other states
Philippine Bill of 1902 (Cooper Act) otherwise known as “The
Filipino Political Reach Head”
When we were UNDER AMERICANS, by the virtue of Philippine
Bill 1902, we have now Filipinos who composed of the
Philippine Assembly which is the Lower House of the
Legislature at that time.
➢ Under the Philippine Bill of 1902: it defined the “Filipino
Citizens” as those who are “Native born in general or
inhabitants of the Philippine Islands.”
b. Jones Law of 1916
It says that “The Children subsequent there to” (Meaning the
children of those who have been considered as inhabitants,
therefore citizens of the Philippines are likewise considered as
“Filipino Citizens”)
➢ The Jones Law of 1916 with refers to the government, was
likewise significant. Why significant?
➢ It was otherwise known as “The Philippine Autonomy Act”.
Q: Why “The Philippine Autonomy Act”?
➢ Autonomy: when there is recent realization of powers or
transfer of powers.
There was a transfer of legislative powers from the
Americans passed to the Filipinos.
c. Tydings-McDuffie Law of 1934
Q: What is Tydings-Mcduffie Law?
➢ It is otherwise known as “The Philippine Independence Act”.
Why?
➢ Because we were now promised with the GRANT OF
INDEPENDENCE. Preparing for that independence from the US,
it was a condition to DRAFT CONSTITUTION which will be the
basis of a government that will be establish and that was the
COMMONWEALTH (1935 CONSTITUTION).
4. Statutes, executive orders and decrees, and
judicial decisions
5. US Constitution
Notes:
What is your basis in studying Philippines
Political law? What would be your reference?
➢ 1987 Constitution. There are provisions in the
Constitution recalled by your study of “Political Law”.

1 Political Law Reviewer. WLCNotes | NTS2019

➢ 1987 CONSTITUTION IS NOT THE SOLE
SOURCE. IT IS NOT EXCLUSIVE. Because
understanding Political Phenomenon, it’s better if you
have other sources to refer to because that may not be
answered by the 1987 Constitution.
over the statute, as a general rule because sometimes it
would depend on the system of the government.
Therefore, laws find their justification if there is a
conformity with the constitution.

Decisions and acts of the President are only be

➢ Treaty of Paris & Treaty of Peace: There was a war considered as “valid” if they are in consonant
between Spain and US. Spain lost that war, so it was with the constitution.
compelled to sign TREATY OF PARIS ceding the
PHILIPPINES ISLANDS, and ALL THE INHABITANTS &
PROPERTIES BOUND THEREIN to the US for the amount Basic Principles
of $20 Million on sale. To include other territories that
Spain was able to acquire, the same were ceded to
mention a few (Eg. Palma Islands)

➢ Palma Islands: Acquired by Spain, then interceded to

US by the virtue of Treaty of Paris.

➢ For the first time, there was a concept of Citizenship.

(Remember, during Spanish Colonization, there was no
concept of Citizenship for Filipino Citizens that’s why
they are described as “Indios”.)

Indios - Uncivilized people of the islands, because there

is no such concept.

➢ We are only considered as the “subjects” of the

King of Spain.

➢ No rights or whatsoever, we were chattels or

properties by the King of Spain.

THE PHILIPPINE CONSTITUTION

DEFINITION

It is the highest fundamental law of the land upon

which all activities of the government are based on.

 That body of rules and maxims in

accordance with which the power of
sovereignty are habitually exercised.

 That 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.

 It is the basic and paramount law to which

all other laws must conform and to which
all persons, including the highest officials
of the land, must defer. No act shall be
valid, however noble its intention, if it
conflicts with the Constitution. The
Constitution must ever remain supreme. All
must bow to the mandate of this law.
Right or wrong, the Constitution must be
upheld as long as the sovereign people
have not changed it.

And so therefore in case of a conflict between a statute

and the Constitution – always the Constitution prevailing

2 Political Law Reviewer. WLCNotes | NTS2019