Political Law
- is that 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
Constitution
- that body of rues and maxims in accordance with which the
powers of sovereignty are habitually exercised (Cooley as oral
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 (Malcolm
as written constitution)
Supremacy of Constitution
The constitution is the basic and paramount law to which all
other laws must conform ad to which all persons including the
highest officials of the land, must defer. No act shall be valid,
however noble its intentions, if it conflict with the Constitution.
All must bow to the mandate of this law. Expediency must not
be allowed to sap its strength nor greed for power debase its
rectitude. Right or wrong, the Constitution must be upheld as
long as it has not been changed by the sovereign people lest its
disregard result in the usurpation of the majesty of law by the
pretenders to illegitimate power.
Essential Parts of a Written Constitution
1. Constitution of Liberty – sets forth the fundamental
civil and political rights of citizens, and imposing limitations on
the powers of government as a means of securing the
enjoyment of those rights (Art 3)
2.Constitution of Government – outline sthe
organization of government, enumerating its powers, laying
down rules regarding its administration, and defining the
electorate (Art 6, 7, 8, 9)
3. Constitution of Sovereignty – the mde or procedure
with which formal changes in the fundamental law may be
made (Art 17)
State
- is a community of persons more or less numerous,
permanently occupying a definite portion of territory,
independent from external control, and possessing an
organized government to which the great body of inhabitants
render habitual obedience
INHERENT POWER OF THE STATE
1. Police Power is the power vested in the Legislature by
the Constitution to make, ordain, and establish all
manner of wholesome and reasonable laws, statutes
and ordinances, either with penalties or without, not
repugnant to the Constitution, for the good and
welfare of the State and its subjects.
2. Power of Eminent Domain is the right of the State to
acquire private property for public use upon payment
of just compensation and observance of due process
3. Power of Taxation is an inherent power of the state
exercised through legislature, to impose burdens upon
subjects and objects within its jurisdiction, for the
purpose of raising revenues to carry out the legitimate
objects of the government
ESSENTIAL ELEMENTS OF THE STATE
1. People is a community of persons, sufficient in
number, capable of maintain the continued
existence of the community, and held together by
a common bond of law.
2. Territory is the fixed portion of the surface of the
earth inhabited by the people of the state.
3. Sovereignty is the supreme and uncontrollable
power inherent in a state by which the state is
governed.
KINDS OF SOVEREIGNTY
(a) Legal Sovereignty – the authority which has the power
to issue legal commands. Ex: Congress
(b) Poltical Sovereigny – is the power behind legal
sovereign or the sum of the influences that operate
upon it. Ex. Different sectors that mold public opinion
(c) Internal Sovereignty – refers to the power of the state
to control its domestic affairs.
(d) External Sovereignty – is the power of the State to
direct its relations with the other States, is also known
as independence.
Sovereignty is permanent, exclusive,
comprehensive, absolute, indivisible, inalienable
and imprescriptionable. By virtue of these
charcteristics, sovereignty is not deemed
suspended although acts of sovereignty cannot be
exercised by the legitimate authority.
4. Government is an agency or instrumentality
through which the will of the state is promulgated,
expressed and realized.
TWO FUNCTIONS OF THE GOVERNMENT
1. Constituent Function – constitute the very bonds of
society and are therefore compulsory.
(a) The keeping of order and providing for the protection
of persons or property from violence and robbery
(b) The fixing of the legal relations between husband and
wife and between parents and children
(c) The regulation of the holding , transmission and
interchange of property and the determination of its
liabilities for debt or for crime
 (d) The determination of contractual rights between - act of state” doctrine which states that courts of one
individuals country will not sit in judgment on the acts of the
(e) The definition and punishment of crimes government of another in due deference to the
(f) The administration of justice in civil cases independence of sovereignty of every sovereign state.
(g) The administration of political duties, privileges and (google)
relations of citizens, and -
(h) The dealings of the state with foreign powers, the
preservation of the state from external danger or CHAPTER 4
encroachment and the advancement of its
international interests.
Doctrine of State Immunity
- “the State may not be sued without its consent.”
2. Ministrant Function – are those functions undertaken
- This provision is merely a recognition of the sovereign
to advance the general interests of society and are
character of the State and an express affirmation of the
merely optional.
unwritten rule insulating it from the jurisdiction of the
Ex: public works, public charity, regulation of trade and
courts of justice.
industry.
- Sometimes called “the royal prerogative of dishonesty”
Doctrine of Parens Patriae “parent of the nation”
Waiver of Immunity
- State is the guardian of the right of the people
- The state may, if it so desires, divest itself of its
- to act as the parent or legal guardian, of any child or
sovereign immunity and thereby voluntarily open itself
individual who is in need of protection.
to suit. In fine, the Stste may be sued if it gives its
-
consent
CLASSIFICATION ACCORDING TO LEGITIMACY OF
GOVERNMENT
FORMS OF CONSENT
1. de Jure Government – has rightful title but no power or
1. Express Consent – may be manifested either through a
control, either because this has been withdrawn from it or
general law or a special law
because it has not yet actually entered into the exercise
2. Implied Consent – is given when the State itself
thereof.
commences litigation or when it enters into a contract
2. de Facto Government – is a government of fact, that is, it
actually exercises power or control but without legal title.
ACT NO. 3083
- the general law providing for the standing consent of
3 Types of de Facto Government
the State
- declaring that “the government of the Philippine
1. de Facto Government by Usurpation – gets possession
Islands hereby consents and submits to be sued upon
and control by force or by the voice of the majority, the
any moneyed claim involving liability arising from
rightful legal government and maintains itself against
contract, express or implied, which could serve as a
the will of the latter. Ex: In 1986, Ramos and Enrile who
basis of civil action between private parties.
withdrawn their allegiance to the government
Under C.A No. 327 as amended by P.D No. 1445
2. de facto Government by Secession – established as an
- a claim against the government must first be filed with
independent government by the inhabitants of a
the Commission on Audit, which must act upon it
country who rise insurection against the parent state.
within 60 days
Ex: Marawi Seige, MILF
- rejection of the claim will authorize the claimant to
elevate the matter to the Supreme Court on certiorari
3. de facto Government by Paramount Force –
and in effect sue the State with its consent
established and maintained by military forces who
invade and occupy a territory of the enemy in the
Suit Against Government Agencies
course of war. Ex. Japan invades the Philippines
- where suit is filed not against the government itself or
its officials but against one of it entities, it must be
Act of State
ascertained whether of not the State, as the principal
- is an act done by the sovereign power of a country, or
that may ultimately be held liable, has given the
by its delegate, within the limits of the power vested in
consent to be sued.
him.
- An act of State cannot be questioned or made the
Classification of Government Agency Impleaded
subject of legal proceedings in a court of law
1. Incorporated Agency – has a charter of its own that
invests it with a separate juridical personality. Ex: Social
 Security System, University of the Philippines and the
City of Manila
- The test of suitability is found in its charter; it is suable
if its charter says so and this is true regardless of the
function they are performing
- they are proprietary
2. Unincorporated Agency – it has no juridical personality
but is merged in the general machinery of the
government. Ex: Department of Justice, the Bureau of
Mines and the Government Printing Office
- The test of suability is not available as there would be
no charter to sonsult; any suit filed against it is
necessarily an action agaianst the Philippine
Government of which it is part.
- they are governmental
Exemption from Legal Requirements
- when the state litigates, either directly or thrugh its
authorized officers, IT IS NOT REQUIRED to put up a bond for
damages, or an appeal bond, since it can be assumed that it is
always solvent.
people and exercised directly by them or by their elected
agents under a free electoral system.
The Defense of the State
- Section 4 provides; “The prime duty of the Government is to
sere and protect the people. The Government may call up the
people to defend the State and, in the fulfilment thereof, all
citizens may be required, under conditions provided by law, to
render personal military or civil service.”
Peace and Order
- Section 5 “The maintenance of peace and order, the protection
of life, liberty and property, and the promotin of the general
welfare are essential for the enjoyment by all the people of the
blesings of democracy.”
The Incorporation Clause
- Section 2 provides: “The Philippines renounces war as an
instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land, and
adheres to the policy of peace, equality, justice, freedom,
cooperation and amity with all nations.”

Suability vs. Liability

- the mere fact that the state is suable does not mean that it is
liable
-waiver of immunity by the state does not mean concession of
its liability.

Suability – is the result of the express or implied consent of the

Stated to be sued

Liability – is determined after hearing on the basis of the

relevant laws and the established facts

CHAPTER 5
Preamble
- is not considered a source of sunstantive right since its
purpose is only to introduce; “to walk before” the constitutuion
- is not merely rhetorical as, in the first place, the Preamble
serves to indicate the authors of the Constitution
- it also enumerates the primary aims and expresses the
aspirations of the framers in drafting the Constitution and is
also useful as an aid in the construction and interpretation of
the text of the Constitution

Republicanism
Sectin 1 of Article 2 provides : “The Philippines is a
democratic and republican state. Sovereignty resides in the
peple and all government authority emanates from them.”

Republican is a form of government in which "supreme power

is held by the people and their elected representatives"

Democratic is a government by the people; a form of

government in which the supreme power is vested in the