Political Law Review

Based on the syllabus for the

2023 Bar Examinations
(part 1)
I. Preliminary Concepts
A. Nature of a Constitution
1. Parts
2. Manner of Interpretation (Self-Executing and Non-Executing Character)
3. Process of Change (Amendments and Revisions)
B. The Philippines as a State
1. Elements (People, Territory, Government, and Capacity to Enter
into Relations With Other States)
2. Distinction Between Internal and External Self-Determination
C. Fundamental Powers of the State
1. Police Power
2. Eminent Domain
3. Taxation
a) Constitutional Exemption Principles
A. Nature of a Constitution
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.
1. Parts of a Constitution
a) Constitution of Liberty
The series of prescriptions setting forth the fundamental civil and political rights of
the citizens and imposing limitations on the powers of government as a means of
securing the enjoyment of those rights (e.g., Art. III).
b) Constitution of Government
The series of provisions outlining the organization of the government, enumerating
its powers, laying down certain rules relative to its administration, and defining the
electorate (e.g., Arts. VI, VII, VIII and IX).
c) Constitution of Sovereignty
The provisions pointing out the mode or procedure in accordance with which formal
changes in the fundamental law may be brought about (e.g., Art. XVII).
2. Manner of Interpretation (Self-Executing and on-Executing Character)

1. Verba legis – Wherever possible, the words used in the Constitution must be
given their ordinary meaning except where technical terms are employed.

2. Ratio legis est anima – Where there is ambiguity, the words of the Constitution
should be interpreted in accordance with the intent of the framers.

3. Ut magis valeat quampereat – The Constitution is to be interpreted as a whole

(G.R. No. 160261).
In case of doubt, the provisions should be considered self-executing; mandatory
rather than directory; and prospective rather than retroactive.
Self-executing provisions
A provision which lays down a general principle is usually not self-executing.
But a provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies a sufficient rule by
means of which the right it grants may be enjoyed or protected, is self-executing.
(Nachura, 2014).
Thus, a constitutional provision is self-executing if the nature and extent of the
right conferred and the liability imposed are fixed by the Constitution itself, so that
they can be determined by an examination and construction of its terms, and there is
no language indicating that the subject is referred to the legislature for action (G.R.
No. 122156)
3. Process of Change (Amendments and Revisions)
Distinctions between revision and amendment:
Revision broadly implies a change that alters a basic principle in the Constitution,
like altering the principle of separation of powers or the system of checks and
balances. There is also revision if the change alters the substantial entirety of the
Constitution. On the other hand, amendment broadly refers to a change that adds,
reduces, deletes, without altering the basic principle involved.
Revision generally affects several provisions of the Constitution; while amendment
generally affects only the specific provision being amended. (G.R. No. 174153)
Lambino v. Comelec, G.R. No. 174153, October 25, 2006

In determining whether the Lambino proposal involves an amendment or a revision,

the Court considered the two-part test.
First, the quantitative test asks whether the proposed change is so extensive in its
provisions as to change directly the “substance entirety” of the Constitution by the
deletion or alteration of numerous provisions. The court examines only the number
of provisions affected and does not consider the degree of the change.
Second, the qualitative test, which inquires into the qualitative effects of the
proposed change in the Constitution. The main inquiry is whether the change will
“accomplish such far-reaching changes in the nature of our basic governmental plan
as to amount to a revision”.
 BY
AMENDMENTS Congress (as Constituent Assembly)
Constitutional Convention
Peoples’ Initiative
REVISIONS Congress (as Constituent Assembly)
PROPOSAL
By a vote of 3/4 of ALL its
members
(1) By a vote of 2/3 of ALL of
its (Congress) members; or
(2) By a MAJORITY vote of
ALL of its members, submit to
the electorate the question of
calling such a convention.
A Petition of at least 12% of
the total number of registered
voters, of which every
legislative district must be
represented by at least 3% of
the registered voters therein.
By a vote of 3/4 of ALL its
members
By a vote of 2/3 of ALL of its
members or by a MAJORITY
vote of ALL of its members,
submit to the electorate the
question of calling such a
convention.
RATIFICATION
Ratified by a MAJORITY of the
votes cast in a plebiscite,
which shall be held not earlier
than 60 days nor later than 90
days AFTER the approval of
such amendment.
Ratified by MAJORITY of the
votes cast in a plebiscite which
shall be held not earlier than
60 days nor later than 90 days
AFTER the certification by the
Commission on Elections of
the sufficiency of the petition.
Ratified by a MAJORITY of the
votes cast in a plebiscite,
which shall be held not earlier
than 60 days nor later the 90
days AFTER the approval of
such revision.
Only Congress or a constitutional convention may propose revisions to the
Constitution.
A People’s Initiative may propose only amendments to the Constitution.
Doctrine of Proper Submission
The plebiscite must be held not earlier than sixty days nor later than ninety days
after the approval of the proposal by Congress or the Constitutional Convention, or
after the certification by the COMELEC of the sufficiency of the petition.
Purpose: To give the people sufficient and reasonable time to study and discuss the
proposed amendments.
The plebiscite may be held on the same day as the regular elections. Piecemeal
amendments are not allowed.
B. The Philippines as a State
Definition of a State
A community of persons, more or less numerous, permanently occupying a definite
portion of territory, independent of external control, and possessing a government to
which a great body of inhabitants render habitual obedience.
1. Elements of a State (People, Territory, Government, and Capacity to Enter into
Relations With Other States)

People

Adequate number for self-sufficiency and defense; of both sexes for perpetuity.

Territory

The fixed portion on the surface of the earth on which the State settles and over which it has supreme authority.

The National Territory: “The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas” [Art.1].

Components: Terrestrial, Fluvial, Maritime and Aerial domains.

Government

The agency or instrumentality through which the will of the State is formulated,
expressed and realized.

Sovereignty

The supreme and uncontrollable power inherent in a State by which that State is
governed.
Kinds of Sovereignty

Legal, which is the power to issue final commands; or

Political, which is the sum total of all the influences which lie behind the law.

Internal, or the supreme power over everything within its territory; or

External, also known as independence, which is freedom from external control.

Characteristics of Sovereignty

Permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility,

inalienability, imprescriptibility (77 Phil. 856)
2. Distinction Between Internal and External Self-Determination

The recognized sources of international law establish that the right to self-determination of a people is
normally fulfilled through internal self-determination - a people's pursuit of its political, economic, social
and cultural development within the framework of an existing state. A right to external self-determination
(which in this case potentially takes the form of the assertion of a right to unilateral secession) arises in
only the most extreme of cases and, even then, under carefully defined circumstances. x x x

External self-determination can be defined as in the following statement from the Declaration on Friendly
Relations, supra, as

The establishment of a sovereign and independent State, the free association or integration with an
independent State or the emergence into any other political status freely determined by a people
constitute modes of implementing the right of self-determination by that people. (Emphasis added)
(G.R. No. 183591)
C. Fundamental Powers of the State
1. Police Power

2. Eminent Domain

3. Taxation
1. Police Power
The power of promoting public welfare by restraining and regulating the use of liberty
and property.

Scope/Characteristics:

Police power is the most pervasive, the least limitable, and the most demanding of the
three powers. The justification is found in the Latin maxims: salus populi est suprema
lex (The welfare of the people is the supreme law), and sic utere tuo ut alienum non
laedas (Use your own property in such a way that it does not harm others).
1. Police Power
Who may exercise the power.

The power is inherently vested in the Legislature. However, Congress may validly
delegate this power to the President, to administrative bodies and to lawmaking
bodies of local government units. Local government units exercise the power under
the general welfare clause (Sec. 16, R.A. 7160), and under Secs. 391, 447, 458 and
468, R.A. 7160.
1. Police Power
Limitations (Tests for Valid Exercise):

a) Lawful subject: The interests of the public in general as distinguished from those
of a particular class, require the exercise of the power. This means that the activity
or property sought to be regulated affects the general welfare; if it does, then the
enjoyment of the rights flowing therefrom may have to yield to the interests of the
greater number.

b) Lawful Means: The means employed are reasonably necessary for the
accomplishment of the purpose, and not unduly oppressive on individuals.
2. Eminent Domain
The power of eminent domain is the inherent right of the State to condemn private
property to public use upon payment of just compensation.

Who may exercise the power

Congress and, by delegation, the President, administrative bodies, local government

units, and even private enterprises performing public services.
2. Eminent Domain
Requisites for exercise

a) Necessity

b) Private Property

c) Taking in the constitutional sense

d) Public use

e) Just compensation

f) Due process of law

2. Eminent Domain
a) Necessity
- When the power is exercised by the Legislature, the question of necessity is
generally a political question (G.R. No. 72126); but when exercised by a
delegate, the determination of whether there is genuine necessity for the
exercise is a justiciable question (G.R. No. L-12792).

- The issue of the necessity of the expropriation is a matter properly addressed to

the Regional Trial Court in the course of the expropriation proceedings.
2. Eminent Domain
b) Private Property
- Private property already devoted to public use cannot be expropriated by a
delegate of legislature acting under a general grant of authority (G.R. No. L-
14355)
- All private property capable of ownership may be expropriated, except money
and choses in action. Even services may be subject to eminent domain (G.R. No.
L-18841).
2. Eminent Domain
c) Taking in the constitutional sense.

Requisites for valid taking:

1. the expropriator must enter a private property;

2. entry must be for more than a momentary period;
3. entry must be under warrant or color of authority;
4. property must be devoted to public use or otherwise informally
appropriated or injuriously affected; and
5. utilization of the property must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the property.
2. Eminent Domain
d) Public use.
- synonymous with “public interest”, “public benefit”, “public welfare”, and
“public convenience”
2. Eminent Domain
e) Just compensation

The full and fair equivalent of the property taken; it is the fair market value of the
property.

However, where only a part of a certain property is expropriated, the owner is not
restricted to payment of the market value of the portion actually taken. In addition to
the market value of the portion taken, he is also entitled to payment of consequential
damages, if any, to the remaining part of the property. At the same time, from the
total compensation must be deducted the value of consequential benefits, if any,
provided consequential benefits shall not exceed consequential damages (Reviewer in
Political Law, Nachura, 2014)
2. Eminent Domain
f) Due process of law

The defendant must be given an opportunity to be heard.

3. Taxation
Who may exercise

Primarily, the legislature; also: local legislative bodies (Sec. 5, Art. X, Constitution);
and to a limited extent, the President when granted delegated tariff powers (Sec. 28
(2), Art. VI)
3. Taxation
Limitations on the exercise

a) Due process of law: tax should not be confiscatory.

With the legislature primarily lies the discretion to determine the nature, object, extent,
coverage and situs of taxation. But where a tax measure becomes so unconscionable and unjust
as to amount to confiscation of property, courts will not hesitate to strike it down, for despite all
its plenitude, the power to tax cannot override constitutional prescriptions (G.R. No. 109289).

b) Equal protection clause

Taxes should be uniform and equitable [Sec. 28 (1), Art. VI].

c) Public purpose
3. Taxation
a) Constitutional Exemption Principles

Tax Exemptions

Requisite: No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of Congress (Sec. 28 (4), Art. VI,
Constitution).
3. Taxation
a) Sec. 28 (3), Art. VI:

Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques,

non-profit cemeteries, and all lands, buildings and improvements, actually, directly and
exclusively used for religious, charitable or educational purposes shall be exempt from taxation.

b) Sec. 4 (3) Art. XIV:

All revenues and assets of non-stock, non-profit educational institutions used actually, directly
and exclusively for educational purposes shall be exempt from taxes and duties, x x x
Proprietary educational institutions, including those cooperatively owned, may likewise be
entitled to such exemptions subject to the limitations provided by law including restrictions on
dividends and provisions for reinvestment.
3. Taxation
c) Sec. 4 (1) Art. XIV:

Subject to conditions prescribed by law, ail grants, endowments, donations, or

contributions used actually, directly and exclusively for educational purposes
shall be exempt from tax.

d) Where tax exemption is granted gratuitously, it may be revoked at will; but not if
granted for a valuable consideration (Nachura, 2014).
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