Reviewer in Political Law (1st year, AB Political Science)
Chapter 1 - Political Law 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
the inhabitants of its territory.
Chapter 2 Supremacy of the Constitution -
The Constitution 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.
Chapter 3 The State is a community of persons,
more or less numerous, permanently occupying
a fixed territory, and possessed of an
independent government organized for political
ends to which the great body of inhabitants
render habitual obedience.
Chapter 3 The elements of the state are the
people (inhabitants of the state), territory (a
fixed portion of the surface of the earth inhabited
by the people), government (agency or
instrumentality through which the will of the state
is formulated, expressed, and realized, must be
independent), and sovereignty (supreme and
uncontrollable power inherent in a state by
which the state is governed).
Chapter 4 The Doctrine of State Immunity -
The state may not be sued without its consent,
based on the logical and practical ground that
there can be no legal right against the authority
which makes the law on which the right
depends.
Chapter 4 Waiver of Immunity - The Doctrine
of State of Immunity is sometimes called the
royal prerogative of dishonesty, the state
may, if it so desires, divest itself from sovereign
immunity and voluntarily open itself to suit. The
state may not be sued without its consent.
Chapter 4 Forms of Consent - Express
consent may be manifested through a general
law or special law. Implied consent is given
when the State itself commences litigation or
when it enters into a contract.
Chapter 4 Suits against Government
Agencies - An incorporated agency has a
charter of its own, its suability is found in its
charter, if the charter says it's suable then it’s
suable. An unincorporated agency has no
separate judicial personality but is merged in the
general machinery of the government.
Chapter 4 Suability vs Liability - Waiver of
immunity by the State does not mean
concession of its liability. Suability is the result
of express or implied consent of the State to be
sued. Liability is determined after hearing on
the basis of relevant laws and established facts.
Chapter 5 Republicanism - Basis is Section 1
of Article of the 1987 Constitution.
A republic is a representative government, a
government run by and for the people. The
essence is representation and renovation,
the selection by the citizenry of a corps of public
functionaries who derive their mandate from the
people and act on their behalf, serving for a
limited time period only, after they are replaced
or retained at the option of their principal.
The purpose of a republican government is
the promotion of the common welfare
according to the will of the people
themselves.
Chapter 5 Defense of the State - Basis is
Section 4 of the 1987 Constitution.
A State may take up all necessary action,
including the use of armed force, to repel any
threat to its security.
Chapter 5
Peace and Order - Basis is Section 5 of Article
II of the 1987 Constitution.
Incorporation Clause - Basis is Section 2 of
Article II of the 1987 Constitution
Rearing of the Youth - Basis is the Section 12
and Section 13 of Article II of the 1987
Constitution.
Women - Basis is Section 14 of Article II of the
1987 Constitution.
Social Justice - Bases are Sections 9, 10, 11,
18, and 21 of Article II of the 1987 Constitution.
 Reviewer in Political Law (1st year, AB Political Science)
Chapter 5
Separation of Church and State - Basis is
Section 6 of Article II of the 1987 Constitution.
No law shall be made respecting an
establishment of religion or prohibiting the free
exercise thereof.
Rationale is “strong fences make good
neighbors”.
Supremacy of Civilian Authority - Basis is
Section 3 of Article II of the 1987 Constitution.
Local Autonomy - Basis is Section 25 of the
1987 Constitution.
Economy - Bases are Sections 19, 20, and 21
of Article II of the 1987 Constitution.
Chapter 6 Separation of Powers - The
purpose is to prevent a concentration of
authority in one person or group of persons that
might lead to an irreversible error or abuse in its
exercise to the detriment of our republican
institutions.
The principle is to secure action, forestall
overaction, prevent despotism, and obtain
efficiency.
Chapter 6 Blending of Powers - Powers are
confined exclusively within one department but
are in fact assigned to or shared by several
departments.
Chapter 6 Checks and Balances - By means
of which one department is allowed to resist
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by other
departments.
Chapter 6 The Role of Judiciary - The correct
view is that when the Court mediates to allocate
constitutional boundaries or invalidate acts of a
coordinate body, what is upholding is not its own
supremacy but the supremacy of the
Constitution.
Chapter 6 Justiciable and Political Questions
If say, there is no compliance with a voting
requirement prescribed by the fundamental law,
as where a statute granting tax exemption is
enacted by less than a majority of all members
of Congress, or when an appointee of the
President does not possess the prescribed
qualifications, the courts will have jurisdiction to
intervene. The questions involved here are
justicible.
A purely justiciable question implies a given
right, legally demandable and enforceable, an
act or omission violative of such right, and a
remedy granted, and sanctioned by law, for said
breach of right.
But when the matter falls under the discretion of
another department or especially the people
themselves, the decision reached is in the
category of political question and
consequently may not be the subject of a judicial
review.
Political Questions under the new
Constitution, the new definition of judicial
power “includes the duty.. To determine whether
or not there has been a grave abuse of
discretion amounting to a lack of jurisdiction on
the part of any branch or instrumentality of
government.
Chapter 7 Delegation of Powers - the rule is
“potestas delegata non delegari potest” What
has been delegated cannot be delegated. The
principle of non-delegation of power is
applicable to all three major powers of the
government but is especially important in the
case of legislative power because of the many
instances when its delegation is permitted.
Permissable Delegation
1. Delegation of Tariff Powers to the
President - Sec 28 (2), the Congress
may by law authorize the President to fix
within specified limits, and subject to
such limitations and restrictions as it
may impose, tariff rates, import and
export quotas, tonnage and wharfage
dues, and other duties and imposts,
within the framework of the national
development program of the
Government.
 Reviewer in Political Law (1st year, AB Political Science)
2. Delegation of emergency powers to
the President - Sec. 23 (2), In times of
war and other national emergency, the
Congress may by law authorize the
President, for a limited time period, and
subject to such restriction as it may
prescribe, to exercise powers
necessary, and proper to carry out a
declared national policy. Unless sooner
withdrawn, such powers shall cease
upon the next adjournment.
3. Delegation to the people at large, the
people have expressly reserved to
themselves a power decision, the
function of the legislation cannot be
exercised by them, even to the extent of
accepting or rejecting a law which has
been affirmed for their consideration.
A referendum is a method of submitting
an important legislative measure to a
direct vote of the whole people.
A plebiscite is a device to obtain a
direct popular vote on a matter of
political importance, but chiefly in order
to create some more or less permanent
political condition.
4. Delegation to local governments,
local legislatures are more
knowledgeable than the national
lawmaking body on matters of purely
local concern and are therefore in a
better position to enact the necessary
and appropriate legislation thereon.
5. Delegation to administrative bodies,
the power of subordinate legislation,
administrative bodies may implement
the broad policies laid down in a statute
by filling in the details which the
Congress may not have the opportunity
or competence to provide
.
Chapter 8 Legislative Department
Senate
1. Composition - 24 senators
2. Qualifications - natural born citizen of
the Philippines, 35 y/o at the day of the
election, able to read and write,
registered voter, Filipino resident for not
less than 2 years preceding the day of
the election.
3. Term - six years
House of Representatives
1. Composition - 200 district and 50
party-list representatives.
2. Qualifications - natural born citizen of
the Philippines, 20 y/o at the day of the
election, able to read and write, a
registered voter of the district excluding
party-list rep, Filipino resident for not
less than 1 year preceding the day of
the election.
3. Term - three years
Privilege from Arrest, parliamentary immunity
from arrest excluding criminal offenses
punishable by not more than six years
imprisonment. Immunity shall be applied while
the Congress is in session.
In the Privilege of Speech and Debate,
remarks must be made while the legislature is
functioning, that is, in session, and is that they
must be made in connection with the discharge
of official duties.
Conflict of Interest, Section 12, all members of
Congress, upon assumption of office, make full
disclosure of their financial and business
interests. They shall notify the House concerned
of a potential conflict of interest that may rise
from the filing of proposed legislation of which
they are authors.
 Reviewer in Political Law (1st year, AB Political Science)
Incompatible and Forbidden Offices, the
incompatible office shall not be held by the
legislator during his tenure in Congress. This is
to prevent owing loyalty to another branch of
government. What is not allowed is the
simultaneous holding of that office and seat in
Congress, any legislator may hold another office
or employment in the government provided that
he forfeits, as a result, his position in Congress.
Forbidden office, any member of Congress
may not be appointed to any office in the
government that has been created or the
emoluments thereof have been increased during
his term even if he forfeits his position in
Congress.
Chapter 8
Electoral Tribunals - the sole judge of all
contests relating to the election, returns, and
qualifications of members of Congress.
Commission on Appointments - consists of
the Senate President, 12 senators, 12 members
of the House of Representatives, elected by
each house on the basis of proportional
representation.
Chapter 9 The Powers of Congress
Legislative Power, the power of lawmaking, the
framing and enactment of laws. Affected through
the adoption of a bill, or a proposed or projected
law, which once approved, becomes a statute.
The statute is the written will of the legislature.
“THE POWER TO MAKE LAWS INCLUDES
THE POWER TO ALTER AND REPEL THEM”
Procedure in approval of bills
1. Bill introduction by any senator or house
representative.
2. First reading, number and title, and
referral by the Senate President or
House Speaker to the proper committee
for study.
3. Committee lever, the bill may be killed or
be recommended for approval, with or
without amendments after public
hearings. Consolidation of bills with
same nature or purpose.
4. Second reading, the bill’s entirety is
read, scrutinized, debated upon, and
amended when desired. A most
important stage in the passage of the
bill.
5. After approval of the bill on the second
reading, it is printed in its final form and
copies are distributed at least three days
before 3rd and Final reading.
6. 3rd reading, voting on the bill.
7. Bill is sent to the other chamber, which
will also undergo three readings.
8. Ratification by both chambers.
9. Submission to the President for
consideration.
10. Signatures of the Speaker, Senate
President, and the President of the
Republic.
Legislative Inquiries
Sec.21, The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly published
rules of procedure. The rights of persons
appearing in or affected by such inquiries shall
be respected.
The Power of Appropriation
Article VI, Sec. 29 (1) of the Constitution,
provides that no money shall be paid out of the
Treasury except in pursuance of an
appropriation by law.
Appropriation measure may be defined as a
statute, the primary and specific purpose of
which is to authorize the release of public funds
from the treasury.
All appropriations should originate in the
House of Representatives.
Automatic Re-appropriation
If, by end of any fiscal year, Congress shall have
failed to pass the general appropriations bill for
the ensuing fiscal year, the general
appropriations law for the preceding fiscal year
shall be deemed re-enacted and shall remain in
force and effect until the general appropriations
bill is passed by congressed.
 Reviewer in Political Law (1st year, AB Political Science)
Chapter 9
The Power of Taxation
Inherent in the State and is generally vested in
the legislature. Its exercise is, however,
restricted by the following rules:
“The rule of taxation shall be uniform and
equitable. Congress shall evolve a progressive
system of taxation.
The Power of Concurrence
The Constitution requires the concurrence of
Congress to an amnesty or treaty.
Article VII, Sec 21, “no treaty or international
agreement shall be valid and effective unless
concurred in by at least two-thirds of all
members of the Senate”.
The War Powers
“Sec. 23 (1), The Congress, by a vote of
two-thirds of both houses in joint session
assembled, voting separately, shall have the
sole power to declare the existence of a state
war.”
Referendum and Initiative
Referendum is the right reserved to the people
to adopt or reject any act or measure which has
been passed by a legislative body and which in
most cases would without action on part of the
electors become law.
The initiative is defined as the power of the
people to propose bills and laws and enact or
reject them at the polls, independent of the
legislative assembly.
Chapter 10 The Executive Department
Executive Power
Article VII, Section 1: The executive power shall
be vested in the President of the Philippines.
Executive power is the power to enforce and
administer the laws.
Qualifications
Sec 2. No person may be elected President
unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and
write, at least 40 y/o on the day of the election,
and a resident of the Philippines for at least 10
years immediately preceding such election.
“Expressio unius est exclusio alterius”
Term - six years
Presidential Immunity - can be claimed only
upon incumbency.
Chapter 11 Powers of the President
Appointing Power
Although intrinsically executive and therefore
pertaining mainly to the President, the
appointing power may be exercised by the
legislature and by the judiciary, as well as the
Constitutional Commissions, over their own
respective personnel.
An appointment may be made verbally but is
usually done in writing through what is called the
commission. The commission is the written
evidence of an appointment.
The Removal Power
The power of removal is lodged on the
President, the same may be exercised by him
only for a cause as may be provided by law and
in accordance with the prescribed administrative
procedure.
The Control Power
“The President shall have control of all the
executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed.
Control is the power of an officer to alter or
modify or nullify or set aside what a subordinate
officer had done in the performance of his duties
and to substitute the judgment of the former for
that of the latter.
The Take-Care Clause
The power to take care that the laws be faithfully
executed makes the President a dominant figure
in the administration of the government.
The law he is supposed to enforce includes the
Constitution itself, statutes, judicial decisions,
administrative rules and regulations, and
municipal ordinances, as well as treaties entered
into by our government.
Military Power
Sec 18, The President shall be the commander
in chief of all armed forces of the Philippines and
whenever it comes necessary, he may call out
such armed forces to prevent or suppress
lawless violence, invasion, or rebellion.
 Reviewer in Political Law (1st year, AB Political Science)
Chapter 11
The Pardoning Power
Sec. 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the
President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures,
after conviction by final judgment. He shall also
have the power to grant amnesty with the
concurrence of a majority of all members of
Congress.
Executive clemency is granted for the purpose
of relieving the harshness of the law or
correcting mistakes in the administration of
justice.
A pardon is an act of grace which exempts the
individual on whom it is bestowed from the
punishment which the law inflicts for the crime
he has committed.
A commutation is a reduction or mitigation of
the penalty.
A reprieve is merely a postponement of a
sentence to a date certain, or a saty of
execution.
Kinds of Pardon
An absolute pardon is one extended without
any strings attached, so to speak, whereas, a
conditional pardon is one under which the
convict is required to comply with certain
requirements. A plenary pardon extinguishes
all the penalties imposed upon the offender,
including accessory disabilities, whereas a
partial pardon does not.
Parolee is still in the custody of the law although
no longer under confinement.
Pardonee is whose sentence is condoned,
subject to reinstatement in case of violation of
the condition that may have been attached to
the pardon.
Probation may be granted before the actual
service of the sentence.
Amnesty can be granted by the President
only with the concurrence of Congress.
The Borrowing Power
Sec. 20, The President may contract or
guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject
to such limitations as may be provided by law.
The Diplomatic Power
As head of State, the President is supposed to
be the spokesman of the nation on external
affairs. He may deal with foreign states and
governments, extend or withhold recognition,
maintain diplomatic relations, enter into treaties,
and otherwise transact the business of foreign
relations.
The Budgetary Power
Sec 22. The President shall submit to Congress
within 30 days from the opening of every regular
session, as the basis of the general
appropriations bill, a budget of expenditures and
sources of financing, including receipts from
existing and proposed revenue measures.
Congress may not increase the appropriations
recommended by the President for the operation
of the government as specified in the budget.
The Informing Power
Sec. 23. The President shall address the
Congress at the opening of its regular session.
He may also appear before it at any other time.