CHAPTER 1 GENERAL CONSIDERATIONS POLITICAL LAW - is 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. Constitutional Law I Constitutional Law II Administrative Law Law of Public Officers Election Law Municipal Law Necessity of Study Because Sovereignty resides in the people and all government authority emanates from them Fundamental Law provides all educational institutions shall include the study of the Constitution as part of the curricula. June 12, 1898 January 21, 1899 Malolos Constitution December 10, 1898 - First Philippine Revolution - First Philippine Republic - First Democratic Constitution - Treaty of Paris - Emilio Aguinaldo President - Parliamentary System

Military Government Military (Executive, Legislative, Judicial consolidated) to Civilian rule Schurman Commission - First Philippine Commission Taft Commission July 4, 1901 - Second Philippine Commission took over the executive, legislative, Judiciary

- Spooner Amendment civil government established by William Howard Taft (First Governor)

Philippine Bill of 1902 - Philippine Assembly created in 1907 - Bicameral Legislature - Sergio Osmena Speaker of the Philippine Assembly 1916 Philippine Assembly dissolution - Philippine Autonomy Act or Jones Law Jones Law - Senate and house of representatives - Manual L. Quezon (President) Sergio Osmena (Speaker) - Until 1935

Tydings-McDuffie Act - Commonwealth of Philippines - Framed the 1935 Constitution - Ratified May 14, 1935 November 15, 1935 - Inauguration of the Commonwealth Government - Manuel L. Quezon (President) Sergio Osmena (Vice-President)

Second Republic of the Philippines Jose P. Laurel (President) during Japanese occupation July 4, 1946 - Republic of the Philippines US withdrew its sovereignty over the Philippines

September 21, 1972 November 30, 1972 January 17, 1973

- Due to Communist-oriented groups Ferdinand E. Marcos (President) issued Proclamation No. 1081 (Martial Law) - Draft of the 1973 Constitution approved by the Constitutional Convention - Proclamation No. 1102 Ratification of 1973 Constitution

Ratification Cases and Habeas Corpus Cases Questions the validity of the 1973 Constitution January 17, 1981 - Lifting the Martial Law (President Ferdinand E. Marcos) - retaining his Standby Legislative Powers under National Security Code and Public Order Act. - Proclamation of Marcos as President and Arturo Tolentino (VP) - Defense Minister Juan Ponce Enrile and General Fidel V. Ramos began People Power - Inducted President Corazon Aquino and VP Salvador H. Laurel - Promulgation of Freedom Constitution - Corazon Aquino created Constitutional Commission - 1987 Constitution Ratified - Revived Congress of the Philippines election - General Elections President, V-President, 24 Senators, all elective members of the House of Representatives and local officials - Fidel V. Ramos (President), Joseph Estrada (VP)

February 7, 1986 February 22, 1986 February 25, 1986

February 2, 1987 May 11, 1988 May 11, 1992

CHAPTER 2 THE CONSTITUTION OF THE PHILIPPINES THE CONSTITUTION OF 1987 The fourth (4th) Fundamental law to govern the Philippines - February 2, 1987 Commonwealth Constitution (1935) First Constitution - Continued until the proclamation of the Republic of the Philippines Constitution of 1973 - Enforced during the Marcos Regime, approved and ratified during the martial law

Freedom Constitution (February 25,1986) Due to People Power (Pres. Corazon C. Aquino) Outstanding Features 1987 Constitution - Drafted by the Presidency of Justice Cecilia Munoz-Palma - Consist of 18 articles - Bill of rights of the Commonwealth and Marcos Constitution considerably improved - Creation of Commission on Human Rights The Supremacy of the Constitution The Constitution is the basic and paramount law which all other laws must conform to and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intentions, if it conflicts with the Constitution. The Constitution must ever remain supreme. 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 it disregard result in the usurpation of the majesty of law by the pretenders to illegitimate power. Prospects of the Constitution The constitution must be quintessential rather than superficial, the root and not the blossom, the base and framework only of the edifice that is yet to rise. It is but the core of the dream that must take shape, not in a twinkling by mandate of our delegates, but slowly in the crucible of Filipino minds and hearts, where it will in time develop its sinews and gradually gather its strength and finally achieve its substance. In fine, the Constitution cannot, like the goddess Athena, rise full-grown from the brow of the Constitutional Convention, nor can it conjure by mere fiat an instant Utopia. It must grow with the society it seeks to restructure and march apace with the progress of the race, drawing from the vicissitudes of history the dynamism and vitality that will keep it, far from becoming a petrified rule, a pulsing, living law attuned to the heartbeat of the nation.

CHAPTER 3 THE CONCEPT OF THE STATE 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. Nation nasci to be born, a relation of birth or origin and implies a common race, usually characterized by community of language and customs. The state is a legal concept, while the nation is only a racial or ethnic concept. The state is the principal, the government is its agent. Elements of the State

1. People the inhabitants of the state, numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained. 2. Territory a fixed portion of the surface of the earth inhabited by the people of the state. a. Terrestrial domain b. Maritime and fluvial domain c. aerial domain 3. Government - The agency or instrumentality through which the will of the state is formulated, expressed and realized. Direct State action a. b. c. d. e. Function constituent function & Ministrant Function Doctrine of Parens Patriae De Jure and De Facto Governments Government of the Philippines Administration

4. Sovereignty The supreme and uncontrollable power inherent to a State by which that state is governed. a. Legal Sovereignty The Congress b. Political Sovereignty Different sectors that mold the public opinion

Act of State An act of state is an act done by the sovereign power of the country, or by its delegate, within the limits of the power vested in him. An act of State cannot be questioned or made the subject of legal proceedings in a court of law. With particular reference to Political Law, an act of State is an act done by the political departments of the government and not subject to judicial review. An illustration is the decision of the President, in the exercise of his diplomatic power, to extend recognition to a newly established foreign State or government.