l.

GENERAL PRINCIPLES/CONCEPTS
Political Law- Branch of public laws which deals with organization and operations of the
Govermental organs of the State, defines the relations of the state with inhabitants of the territory.
Public law- the body of the law dealing with the relation between private individual and the
Government. Constitutional, Criminal and administrative law taken together.A statute affecting the
general public.
Constitutional law- the Study of the maintenance of the proper balance between authority and
liberty of the people.
A constitution is both a legal document and a political plan. It, therefore, embodies legal rules as
well as political principles. And so when we speak of constitutional law in the strict sense of the
tern, we refer to the legal rules of the constitution
Consitution-"a law for the government, safeguarding individual rights, set down in writing."
- The written instrument enacted by the people by which the fundamental powers of
the Government are establish, limited and defined, by those powers are distributed
among the several departments for safe and useful exercise for the benefit of the
body politic.
Scope of Political law
1. Constitutional law 1 and 2
2. Administrative law
3. Law on municipal law
4. Law on public officer
5. Election law

Scope of Political Law -The entire field of political law may be subdivided into (a) the law of
public administration, (b) constitutional law, (c) administrative law, and (d) the law of
public corporations. These four subdivisions may be briefly described for the time being, as
follows: The first deals with the organization and management of the different branches of
the government; the second, with the guaranties of the constitution to individual rights and
the limitations on governmental action; the third, with the exercise of executive power in
the making of rules and the decision of questions affecting private rights; and the last, with
governmental agencies for local government or for other special purposes
Basis of the study
1. Present consititution of the Philippines
2. Pertinent statutes, Executive orders, decree and judicial decision and Political event
3. 1935,1972 and USA Constitution
4. Ruling of the Supreme Court
Purpose of the Constitution
- To prescribe the permanent framework of a system of government, to assign to the
several departments their respective powers and duties, and to establish certain first
fixed principles on which government founded.
- Broad, Brief and Definite
Necessity of the study
-Every citizens, regardless of calling, should understand the mechanics and motivations of his
government.
-Sovereignty resides in the people and all governmental authority emantes from them.
-Provides all education institution shall include in the curricula.
Permanence of Constitution
- Its permanence or capacity to resist capricious or whimsical change dictated not by
legitimate needs but only by passing fancies, temporary passions or occasional
infatuations of the people with ideas or personalities.
- Firm and immovable.
Disadvantages
-unable to adjust to the genuine need for change brought about by new conditions and
circumstances.
Essential parts of the written Constitution.
1. Constituion of liberty consists of series of prescriptions setting forth the fundamental civil
and political rights of the citizens and imposing limitations on the powers of the
Government.
2. Constitution of Government- outlining the organizations of the government, enumerating
its powers, laying down certain rules and defining the electorate.
3. Consitutution of Sovereignty- consists of provisions pointing out the mode or procedure in
accordance with which formal changes in the fundamental law may bought about.
The Supremacy of the Constitution.
- The constitution is the basic and paramount law to which all other law must conform
and to which all persons, including the highest officials of the land must defer.
- Must remain supreme.
Prospects of the constitution.
- The constitution must be Quintessential rather than superficial.
- The root base, framework only.
-
Interpretation of the constitution
1. Verba legis- whenever possible the words used in the constitution must be given their
ordinary meaning except where technical terms are employed.
2. Where there is ambiguity, ratio legis et anima- the words of constitution should be
interpreted in accordance with the intent of the framers.
3. Ut magis valent quam pereat- the constitution has to be interpreted as a whole
In case of doubt, the provision should be considered self- executing: mandatory rather than
directory and prospective rather than retroactive.

Classification of Constitutions:
Constitutions are classified as follows: (1) written and unwritten, and (2) rigid and flexible.
Written and Unwritten (Classification as to when it is adopted.)
(a) A written constitution is one the provisions of w/c have been reduced to writing and embodied
in one or more instruments at a particular time. The US Constitution is a classical example of a
written constitution. Written constitutions have been also called conventional or enacted, bec. they
are given definite form by a steadily constituted body, the constitutional convention, at a particular
time. Written constitutions are either democratic or monarchical. Democratic constitutions
essentially spring from the authority of the people. Monarchical constitutions are those granted by
a monarch as an act of grace to his subjects. This class of constitutions are also called octroyed
constitutions. They belong to the past age.
-one whose percepts are embodied in one documents.
(b) An unwritten constitution is one w/c has not been committed to writing at any specific time but
is the accumulated product of gradual political and legal development. The English Constitution is
the modern example of this class. Unwritten constitutions have been known also as cumulative or
evolved, bec. they are not formulated at any definite time but are rather the outcome of a political
evolutionary process.
-Consists of rules which have not been integrated into singe and concrete form
Sources of unwritten
1. Statutes of fundamental character
2. Juridical Decisions
3. Customs and traditions
4. Common law principles.
Flexible and Rigid Constitutions. (Classification according to amendment process.)
The classification of constitutions into written and unwritten has been considered unscientific and
inaccurate bec. no written constitution, after having been applied for a considerable period, can
remain substantially unchanged in its original condition other than by formal amendments. xxx. To
classify constitutions into rigid and flexible is to use a basis that has to do more w/ their nature
rather than their mere form
Rigid.-- A constitution is classified as rigid when it may not be amended except through a special
process distinct from and more involved than the method of changing ordinary laws. It is supposed
that by such a special procedure, the constitution is rendered difficult to change and thereby
acquires a greater degree of stability.
- Is one that can be amended only by a formal and usually difficult process
Flexible.-- A constitution is classified as flexible when it may be changed in the same manner and
through the same body that enacts ordinary legislation. The British Constitution is flexible. A
constitution's stability depends upon other factors than the mere rigidity or flexibility of the
amending process, such as (1) the general temperament of the people and their leaders and (2) the
degree of a nation's political maturity and social homogenity.
-that can be changed by ordinary legislation.
The Philippine Constitution is both written and rigid (See Art. XVII on the Amendment process).
Cumulative constitution- is the result of political evolution in changing by accretion.
Conventional constitution- enacted constitution, formally stuck off at a definite time and place
following a conscious effort taken by a constituent body
Amendments- refers to isolated or piecemeal change only.
(lambino case)-refers to a change that adds, reduce, deletes.Without altering the basic
principle involved.
-affects only the specific provision being amended.
Revision- which is a revamp or rewriting of the rewriting if the whole instrument
(lambino case)- imples a change that alters 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 entirely of the constitution.
-affects several provisions of the constitution.
The court examines only the number of provision affected and does not consider the degree of the
change.
Procedure- two steps are involved In the amendment or revisions of the constitution. The first is the
proposal and Ratification.
1. Proposal
The proposal is usually made either directly by the Congress or by a constitutional
convention. A special case is provided where the proposal may be made directly through
initiative.
-mere amendment or change of particular provision only, the proposal is made by direct
legislation action. Vote of at least three- fouths of all the members of the congress.
Overhaul of the entire constitution, constitutional convention, a vote of two thirds of all the
members of the congress.
-House of representative and senate
-vote must be made jointly not separate from each other.
The pertinent rules are:
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention
Sec. 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least three
per centum of the registered votes therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor oftener than
once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.
Sec. 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the electorate
the question of calling such a convention.

(1) Proposal
(a) Constituent Assembly- the congress, upon a vote of three- fourths of all its members.
(b) Constitutional Convention- the congress may, by a vote of two-thirds of all its member.
Call a con-con, or by a majority vote of all its members submit to the electorate the
question of calling such a convention.
(c) People initiative-
Requirements of people initiative
1. There should be petition
2. The petition should be in full text/ the proposal must be embodied in the petition.
3. 12% of total registered voters nationwide signed the petition and 3% total register
voters per legislative district.
4. People initiative can happen only every five years
5. There should be enabling law passed by the congress for people initiative to
commence
6. Only for amendments
7. The people must author and sign the entire proposal: no agent or representative
can sign in their behalf
Enabling law- is a law passed by congress which provides the details of non-self-executing
provisions.
Self-executing provisions- which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or what supplies a sufficient rule by means of which the rights
it granted may enjoyed or protected.
Non self- executing provision- a provision which lays down a general principle.
Two part test
1. Qualitative test- whether change will accomplish such far- reaching changes in the nature of
our basic governmental plan as to amount to a revision. Whether there is an alteration in
the structure of government is a proper subject of inquiry. Thus a change in the nature of
governmental plan includes change in its fundamental framework or fundamental powers
of its branches.
2. Quantitative test- whether the proposed changed is so extensive in its provisions as to
change directly the substance entirely of the constitution by the deletion or alteration of
numerous provisions. The court examines only the number of provisions and not the degree
of change.

(2) Ratification- to approve by express consent
- To consent
Proposed amendments shall be submitted to the people
Sec 4. Any amendment to, or revision of, this constitution under section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety days after the
approval of such amendment or revision.
any amendment under section 2 hereof shall be valid when ratified by a majority
of the votes cast in a plebiscite which shall be held not earlier than sixty days nor
later than ninety days after the certification by the commission on elections of the
sufficiency of the petition.
- Proposal to amend the constitution must be ratified within a reasonable time after
they are made because they are intended to answer present needs or correct current
problems.
- Proposal should be voted upon at a time when interest in them is still rife and the
electorate is still knowledgeable.
- The plebiscite may held on the same day as regular elections ( Gonzalesvs comlec)
The use of word election in the singular meant that the entire constitution must be submitted for
ratification at one plebiscite only. Futhermore, the people have to be given a proper frame of
reference in arriving at their decision. Thus submission for ratification of pieace-meal amendments
by constitutional convention ( which is tasked to revise the constitution) was disallowed since the
people had, at that time, no idea yet of what the rest of the revised constitution would be( tolentino
vs comelec)
Chapter 3
The concept of the state
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- is an ethnic or racial concept while state is a legal or juristic concept.
Single state to be made up several nation.
Elements- People, territory, government and sovereignty.

People-refers simply to the inhabitants of the state.
-no legal requirement as to their number.
-they must be numerous enough to be self0 sufficing and to defend themselves and small
enough to be easily administered and sustain.
-the people must come from both sexes to be able to perpetuate themselves.
Territory- is the fixed portion of the surface of the earth inhabited by the people of the state.
Components of territory
1. Terrestrial domain- land mass
2. Maritime and fluvial- the inland and external waters.
3. Aerial domain- air space above the land and waters.

Art. I. 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, in-
cluding its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of the Philip-
pines.
Maritime- its terrestrial, fluvial, and aerial domains, in- cluding its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas
Fluvial- The waters around, between, and connecting the islands of the archipelago, form part of
the internal waters of the Philip- pines.
- Small body of waters.
Archipelago doctrine-The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters
of the Philip- pines.

This articulates the archipelago doctrine of national territory, based on the principle
that an archipelago, which consists of a number of islands separated by bodies of
water,should be treated as one integral unit.

The main purpose of the archipelagic doctrine is to protect the territorial interests of
an archipelago. If we follow the old rule of international law, it is possible that
between islands, e.g. Bohol and Siquijor, due to the more than 24 mile distance
between the 2 islands, there may be high seas. Thus, foreign vessels may just enter
anytime at will, posing danger to the security of the State. According to the doctrine,
even these bodies of water within the baseline, regardless of breadth, form part of
the archipelago and are thus considered as internal waters. The archipelagic
doctine has a three-fold purpose: (1) economic reasons; (2) national security (3) to
extend jurisdiction
The Constitutional provisions embodying this doctrine are :
1. "archipelago, with all the island and waters embraced therein"
An archipelago is a body of water, studded with islands.
2. "the waters around, between, and connecting the islands of the archipelago,
regardless of the breadth and dimensions, form part of internal water"
The following provisions are really superfluous:
1. "terrestrial, fluvial and aerial domains" (because land, water and air space already
form part of an archipelago)
2. "territorial sea, seabed, subsoil, insular shelves, other submarine areas"
"Territorial sea" means water outside the baseline extending up to 12 miles.
"Internal water" refers to water within the baseline.
"Insular shelf" means the land which is submerged under water which may extend
beyond 12 miles as long as it is not more than 300 ft. deep. It is also known as
intercontinental shelf
Straight line baseline method- imagininary straight lines are drawn joining the outermost points of
outermost islands of the archipelago.
- We connect the outermost points of our archipelago with straight base lines and
consider all waters enclosed thereby as internal waters.
Government- is the agency or instrumentality through which the will of the state is formulated,
expressed and realize.
-democratic and republican.
State vs government
The state is an ideal persons, invisible intangible, immutable and existing only in contemplation of
law. juridical entity while the government is an instrumentality, within the sphere of its agency, it
is a perfect representative but outside of that Is a lawless usurpation.
Admn vs gove.
Administration, which is the group of persons in whose hands the reins of government are for time
being. Runs the government, transitional in nature. Government is perment in nature.
State v government v admin.
State is abstact concept therefore intangible in nature or corporate entity, government is the means
thru which the will of the state is formulated. Admin are tangible, group of persons
Functions of the government
Constituent/Governmental functions- constitute the very bonds of society, which are mandatory and
compulsory, such as the maintenance of peace and order and the administration of justice.
Ministrant/proprietary functions- are those under taken to advance the general interests of society,
such as public works, public charity and regulation of trade and industry, which are optional and are
those intended to promote the welfare, progress and prosperity of the people.
In the case of PVTA vs CIR, the court noted that the distinction between the two functions had
become blurred and is not relevant in our jurisdiction because of the repudiation of the laissez fair
policy in the constitution.
Both functions are now obligatory on the state itself to promote social justice to provide adequate
social services to promote a rising stardard of living. Generally ,to promote general welfare of the
people living in the state.
Kinds of government.
1. De jure government- has right title but no power or control, either because this has been
withdrawn from it, or because it has not yet actually entered into the exercise thereof.
2. De facto government- is government of fact, exercises power or control but without legal
title.
a. The government that gets possession and control of, or usurps, by force or by the voice
of majority.
b. Establish as an independent government by the inhabitants of a country who rise in
insurrection against the parent State.
c. That which is established and maintained by military forces who invade and occupy a
territory of the enemy in the course of war, and which is denominated as a government
of paramount force.
Characteristics of de facto government are:
1. Its existence is maintained by active military power within the territories, and against
the rightful authority of an established and lawful government.
2. During its existence, it must necessarily be obeyed in civil matters by private citizens
who, by acts of obedience rendered in submission to such force, do not become
responsible, as wrongdoers, for those acts, though not warranted by the laws of the
rightful government.
Government of the Philippines is the corporate governmental entity through which the functions
of government are exercised throughout the Philippines, including, save as the contrary appears
from the context, the various arms through which political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or
barangay subdivisions or other forms of local government.
NOTE:The legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of
politics where only the people of the Philippines are the judge. And the people have made the
judgment; they have accepted the government of President Corazon C. Aquino which is in effective
control of the entire country so that it is not merely a de facto government but in fact and law a de
jure government. Moreover, the community of nations has recognized the legitimacy of the present
government. All the eleven members of this Court, as reorganized, have sworn to uphold the
fundamental law of the Republic under her government. [In re Bermudez, (1986) citing Lawyers
League for a Better Philippines v. Aquino, (1986)]
B. Doctrine of Parens Patriae
One of the important tasks of the government is to act for the State as parens patriae or guardian
of the rights of the people.
Literally, parent of the people. As such, the Government may act as guardian of the rights of
people who may be disadvantaged or suffering from some disability or misfortune (Government of
the Philippine Islands v. Monte de Piedad).
Sovereignty supreme and uncontrollable power inherent in a State by which that State is
governed.
Kinds of Sovereignty
1.) Legalauthority which has the power to issue final commands (Legal Sovereign: Congress)
2.) Political power behind the legal sovereign or the sum of the influences that operate upon it
(Political Sovereign: Different sectors that mold public opinion)
3.) Internalthe power of the State to control it domestic affairs
4.) Externalthe power of the State to direct its relation with other States (also known as
independence).
Characteristics of Sovereignty
1.) permanent 2.) exclusive 3.) comprehensive
4.) absolute 5.) indivisible 6.) inalienable 7.) imprescriptible
Note By virtue of these characteristics, sovereignty is not deemed suspended although the
exercise of acts of sovereignty cannot be exercised by the legitimate authority.
Effects of belligerent occupation:
No change in sovereignty. However, political laws, except the law on treason, are suspended
[Laurel v. Misa], municipal laws remain in force UNLESS repealed by the belligerent occupant.
Doctrine of Jus postliminumAt the end of the belligerent occupation, when the occupant is ousted
from the territory, the political laws which had been suspended during the occupation shall
automatically become effective again.
As for judicial decisionsthe same are valid during the occupation and even beyond EXCEPT those
of a POLITICAL COMPLEXION, which are automatically annulled upon the restoration of the
legitimate authority. (Thus, a person convicted of treason against the Japanese Imperial Forces was,
after the occupation, entitled to be released on the ground that the sentence imposed on him for his
political offense had ceased to be valid. BUT if the conviction was for a NON-POLITICAL OFFENSE
like, defamation, the sentence would not be affected by the termination of the occupation.
CHANGE OF SOVEREIGNTY:
Political laws of the former sovereign are not merely suspended but ABROGATED. As they
regulate the relations between the ruler and the ruled, these laws fall to the ground ipso facto
UNLESS they are retained or re-enacted by POSITIVE ACT of the new sovereign.
Non-political laws, by contrast, continue in operation, for the reason also that they regulate
private relations only, UNLESS they are changed by the new sovereign or are contrary to its
institutions.
People v. Perfecto the Supreme Court acquitted Perfecto, holding that that particular article of
Spanish Penal Code had been automatically abrogated, being political in nature, upon the advent of
American Sovereignty (See also Macariola v. Asuncion).
ACT OF STATE
an act done by the sovereign power of a country, or by its delegate, within the limits of the power
vested in him; it cannot be questioned or made the subject of legal proceedings in a court of law.
With 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.
CHAPTER 4: The Doctrine of State Immunity
Art.16 sec4 the state may not be sued without its consent
Note: Inherent power even without the provisions stated in the constitution.
Logical ground- there can be no legal right against the authority which makes the law on which the
right depends. Note: people are vested political sovereignty: it only means that you cannot sue
yourself
Practical ground- the demands and inconveniences of litigation will divert the time and resources of
the state. Note: funds that are paid in suit may be used for other purposes.
PAR IN PAREM NON HABET IMPERIUM- an equal has no power over an equal because to do so it
would unduly vex the peace of nation. With the principle of the sovereign equality of states, one
state cannot assert jurisdiction over another nation.
WHEN DO WE SAY THAT THE SUIT IS AGAINST THE STATE?
1. When the Republic is sued by name.
2. When the suit is against an unincorporated government agency.
3. When the suit is on its face against a government officer but the case is such that ultimate
liability will belong not to the officer but to the government.
TEST: Whether the decision rendered against the public officer or agency impleaded would
require an AFFIRMATIVE ACT from the State such that an appropriation of the needed
amount is necessary to satisfy the judgment (money claim).
SUIT AGAINST GOVERNMENT AGENCIES
Incorporated agency- has a charter of its own that invests it with a separate juridical personality (i.e.
SSS, UP, City of Manila) NOTE: Not a suit against the State. Its test of suability is found in its
charterit is suable if the charter says so regardless of the function it is performing.
a. Municipal corporations- are agencies of the state when they are engaged in
governmental functions and therefore should enjoy the sovereign immunity from suit.
However, they are subject to suit even in the performance of such functions because
their charter provides that they can sue and be sued.
Charter- the law creating the government agency
Unincorporated agency- has no separate juridical personality but is merged in the general
machinery of the government (i.e. DOJ, Bureau of Mines, Government Printing Office) Note: Having
no charter, any suit filed against it is necessarily an action against the Philippine Government of
which it is a part; therefore it is necessary to determine the nature of the functions in which the
agency is engaged---suable if they are PROPRIETARY (because when the state engages in principally
proprietary functions, then it descends to the level of a private individual and may. Therefore, be
vulnerable to suit) and not suable if they are GOVERNMENTAL.
Note: Even in the exercise of proprietary functions incidental to its primarily governmental
functions, an unincorporated agency still cannot be sued without its consent.
SUIT AGAINST PUBLIC OFFICERS
The doctrine of state immunity also applies to complaints filed against officials of the state for acts
performed by them in the discharge of their duties within the scope of their authority.
The unauthorized acts of government officials are not acts of state, thus, the public officer may be
sued and personally liable in damages for such. Any injury caused by him is HIS OWN PERSONAL
LIABILITY AND CANNOT BE IMPUTED TO THE STATE.
Where the public officer has and committed an ultra vires act, or where there is a showing of bad
faith, malice or gross negligence, the officer can be held personally accountable, even if such acts are
claimed to have been performed in connection with official duties.
Where the public official is sued in his personal capacity, the doctrine of state immunity from suit
will not apply, even if the acts complained of were committed while the public official was occupying
a public office.
EXCEPTIONS WHEN A PUBLIC OFFICER MAY BE SUED WITHOUT CONSENT OF STATE: (Sanders v.
Veridiano II)
1. To compel him to do an act required by law (a register deeds refuses to record a deed of
sale).
2. To restrain a Cabinet member, for example, from enforcing a law claimed to be
unconstitutional.
3. To compel the national treasurer to pay damages from an already appropriated assurance
fund
4. The commissioner of internal revenue to refund tax overpayments from a fund already
available for the purpose
5. In general, to secure a judgment that the officer impleaded may satisfy by himself without
the government itself having to do a positive act to assist him
Additional: when the government has violated its own laws, the aggrieved party may directly
implead the government even without first filing his claim with the Commission on Audit, as the
doctrine of state immunity cannot be sued as an instrument for PERPETRATING AN INJUSTICE.
WAIVER OF IMMUNITY
EXPRESS CONSENTConsent to be sued may be given by the legislature through a SPECIAL LAW or
by GENERAL LAW
A special law waiving immunity may come in the form of a private bill authorizing a named
individual to bring suit on a specified claim; this form of consent must be embodied in a statute and
cannot be given by a mere counsel. (Merritt case, Charter)
A general law authorizes any person who meets the conditions stated in the law to sue the
government in accordance with the procedure specified in the law. (Act 3083, Commonwealth Act
327)
IMPLIED CONSENT
1. When the state commences litigation, it becomes vulnerable to a counterclaim.
2. When the state enters into a business contract. (US v. Ruiz: Supreme Court distinguished
between contracts entered into by the State in jure imperii (sovereign acts) and in jure
gestionis (commercial or proprietary acts). Where the contract is in pursuit of a sovereign
activity, there is no waiver of immunity, and no implied consent may be derived therefrom.
3. When state intervenes for the purpose of invoking state immunity.

SUABILITY VS LIABILITY
When the state consents to be sued, it cannot be inferred from such consent that the state
concedes its liability.
Suability- the result of express or implied consent of the state to be sued
Liability- determined after hearing on the basis of the relevant laws and established facts
When government has been adjudged liable to a suit to which it has consented, it does not
necessarily follow that the judgment can be enforced by execution.
SEPARATION OF POWERS
SEPARATION- Allocation/distribution of governmental powers
TRUE TEST: Whether or not the power in question, regardless of its nature, has been constitutionally
conferred upon the department claiming its exercise.
NOTE: The conferment is usually done expressly, as in the vesture of the legislative in the Congress,
the executive power in the President and the judicial power in the Supreme Court and such lower
courts as may be established by law. Even in the absence of an express conferment, the exercise of a
given power may be justified under the DOCTRINE OF IMPLICATION, which is based on the theory
that the grant of an express power carries with all other powers that may reasonably inferred from
it.
Legislative powers- Repeal, Alters and Make laws. Enactment of law and may not enforce or apply
them
Executive powers- Enforcement/ implementations and may not enact or apply them.
Judiciary powers-Application/interpretations and may not enact or apply them.
Note: Separation of powers is inherent in a republican system of government. The major powers of
government are actually distributed by the constitution among the several departments and the
constitutional commissions.
Principle of separation of powers is not absolute in its application: rather it should be applied in
accordance with the principle of checks and balances.
Purposes of the separation of powers.
-intended 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.
-it is designed to prevent the accumulation of powers in the same hands, which result of tyranny.
-Justice Laurel- to secure action, to forestall overaction, to prevent despotism and to obtain
efficiency.
Relation of the three departments of the government
The three departments of government are coordinate, co-equal and co-important. While
interdependent, in the sense that each is unable to perform its functions fully and adequately
without the other, they are nonetheless in many instances independent of each other. That is to say,
one department may not control or even interfere with another in the exercise of its particular
functions.
Principle of blending of powers
-it is a situation where there is a sharing of two or more departments in the performance of a given
constitutional task. One department acts in a manner complementary or supplementary to another.
-situation where there is a sharing by two or more departments in performance of given
constitutional task
Examples
1. Enactment of general appropriations
2. Grant of amnesty by the president
3. Deputization by commission on elections of law enforcement agencies and instrumentalities.
Checks and Balances
By means of which, one department is allowed to resist encroachments upon its prerogatives or
rectify mistakes or excesses committed by the other department.
Each department is given certain powers with which to check the other, thus:
1. Checks by the President
President may veto or disapprove bills enacted by Congress (Article 6 Sec.27(1)); through
the pardoning power, he may modify or set aside the judgments of courts (Article 7 Sec.19).
2. Checks by Congress
Congress may override the veto of the President (Article 6 Sec.27(1)); revoke the proclamation of
martial law or suspension of the privilege of the writ of habeas corpus by the President; amend or
revoke decisions of the courts (by the enactment of a new law or by an amendment of the old, giving
it such meaning and interpretation as to wipe out the effect of such decisions); power to define,
prescribe and apportion the jurisdiction of the various acts(Article 8 Sec.2); prescribe the
qualifications of judges of lower courts; determine the salaries of the President and Vice
President(Article 7 Sec.6), the members of the SC and judges of lower courts (Article 8 Sec 10);
impeach the President and members of SC (Article 11 Section 2).
3. Checks by the Judiciary
The judiciary, with the SC as the final arbiter, may declare legislative measures or executive acts
unconstitutional (Article 8 Section 4(2)) and determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction on the part of Congress or President.

JUSTICIABLE AND POLITICAL QUESTIONS
Justiciable Questionimplies 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. (E.g.
Compliance with a voting requirement; qualifications of an appointee of the President.
Political Questionquestion of policy, that question which under the constitution is to be decided
by the people in their sovereign capacity; or in regard to which, full discretionary authority has been
delegated to the legislative or executive branch of the government; concerned with issues
dependent upon the wisdom, not legality, of a particular measure. (e.g. interpretation of phrases
such as other high crimes, disorderly behaviour.
DELEGATION OF POWERS
The basis is the principle of POTESTAS DELEGATA NON POTEST DELEGARE.
It means that a delegated power constitutes not only a right but a duty to be performed by the
delegate by the instrumentality of his own judgment and not through the intervening mind of
another.
The principle of non-delegation of powers is not absolute.
PERMISSIBLE DELEGATION
1. Delegation of tariff powers to the President (Article 6 Section 28(2))
The President is granted stand-by or flexible tariff powers in the Tariff and Customs Code. The
reason for this delegation is the NECESSITY, not to say expediency. It is recognized that the
legislative process is much too cumbersome for the speedy solution of some economic problems,
especially those relating to foreign trade. The President must exercise the authority given within the
framework of the national development program of the government.
2. Delegation of emergency powers (Article 6 Section 23(2))
During grave emergencies, it may not be practicable for Congress to meet and exercise power. In
such occasions, constitution expressly permits Congress to grant legislative powers to the President
subject to certain limitations:
a.) The emergency powers may be granted by law to the President only in times of war or
national emergency (rebellion, grave economic depression). It is the Congress that
determines whether there is war or national emergency.
b.) The said powers must be exercise only during a limited period, that is, for the duration
of the war or other national emergency.
c.) They must be exercised subject to such restrictions (e.g. requiring the President to make
a report to the Congress when it meets in session).
d.) They must be exercised to carry out a national policy as declared in the law delegating
the authority.
e.) They shall automatically cease upon the next adjournment of Congress unless sooner
withdrawn by resolution in view of its opinion that emergency has ceased. It is not
necessary that the withdrawal be done through a statute---a resolution does not need
the approval of the President whereas a statute, to be effective, needs the Presidents
approval.
3. Delegation to the People (Article 17 Section 2)
It is a method whereby the people themselves can directly propose amendments to the
Constitution. It is an application of the democratic concept embodied in Article 2 Section 1.
The government of the state is democratic, but it is a representative democracy, and in passing
general laws the people act only through their representatives in the legislature. Such reference of
the law to the people at large for acceptance or rejection is plain surrender of the law making
power.
Referendum: method of submitting an important legislative measure to a direct vote of the whole
people.
Plebiscite: questions submitted in the plebiscite are intended to work more permanent changes in
the political structure, like a proposal to amend the constitution; 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 the LGUs (Article 10 Section 3)
This traditional exception is based on the recognition that local legislatures are more
knowledgeable than the national law making body on matters of purely local concerns and are
therefore in better position to enact the necessary and appropriate legislation thereon.
5. Delegation to Administrative Bodies
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. This is effected
by their promulgation of what are known as supplementary regulations, such as the implementing
rules issued by the Department of Labor on Labor Code. These regulations have the force and effect
of law.
They are allowed to ascertain the existence of particular contingencies and on the basis thereof
enforce or suspend the operation of a law. Such contingent regulations also have the force and
effect of law.
Quasi-Legislative power: the authority delegated by the law making body to the administrative
body to adopt rules and regulations intended to carry out the provisions of a law and implement the
legislative policy.



TEST OF DELEGATION
to be valid, the delegation itself must be circumscribed by legislative restrictions which will not
give the delegate unlimited legislative authority.
1.) COMPLETENESS TEST the law must be complete in all its essential terms and conditions when
it leaves legislature so that there will be nothing left for delegate to do when it reaches him except
to enforce it. (US vs. Ang Tang Ho)
2.) SUFFICIENT STANDARD TESTintended to map out the boundaries of the delegates authority
by defining the legislative policy and indicating the circumstances under which it is to be pursued
and effected. The standard is usually indicated in the law delegating legislative power (Ynot vs. IAC).
But even if the law does not expressly pinpoint the standard, the courts will bend over backward to
locate the same elsewhere in order to spare the statute, if it can, from constitutional infirmity.