General Considerations

Scope of the Study

Political Law 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.
Necessity for the Study the fundamental law provides that all educational
institutions shall include the study of the
Constitution as part of the curricula."
Basis of the Study
Constitution of the Philippines adopted on February 2, 1987
Statutes, executive orders and decrees, and judicial decisions as well as current
political events
1935 Constitution
1973 Constitution
Constitution of the United States
Relevant rulings of US Supreme Court
Background of the Study

Malolos Constitution first democratic constitution to be promulgated in the

whole of Asia
established a parliamentary system, but with the President
and not the Prime
Minister as head of government
Schurman Commission First Philippine Commission
was to make a fact-finding survey of the Philippine Islands
and submit appropriate recommendations to the U.S.
Congress
Taft Commission Second Philippine Commission
it took over all the legislative powers of the military governor
Spooner Amendment established the civil government in the Philippine
Islands on 4 July 1901 with
William Howard Taft as the first governor
Philippine Bill of 1902 Philippine Assembly of 1907 was created to sit with the
Philippine Commission
in a
bicameral legislature
Sergio Osmena was initially and successively elected
Speaker of the Philippine Assembly until its dissolution in
1916
Philippine Autonomy Act also known as the Jones Law which was promulgated
in 1916
established inter alia a Philippine Legislature consisting
of a Senate and a
House of
Representatives
Manuel L. Quezon and Sergio Osmena were elected
President and Speaker,
respectively
- continued until 1935 when it was supplanted by the
Tydings-McDuffie Act

Tydings-McDuffie Act authorized the establishment of the Commonwealth of

the Philippines
- promised independence to the Filipinos if they could prove
their capacity for democratic government during a ten-year
transition period
The Constitution of the Philippines

Outstanding Features
The Supremacy of the Constitution
Prospects of the Constitution
The Concept of the State
Definition
Elements
(1) People
(2) Territory
(3) Government
A. Functions
B. Doctrine of Parens Patriae
C. De Jure and De Facto Governments
D. Government of the Philippines
E. Administration
(4) Sovereignty
Act of State
The Doctrine of State Immunity
Basis
Application
Waiver of Immunity
Forms of Consent
Suits against Government Agencies
Exemption from Legal Requirements
Suability vs. Liability
Fundamental Principles and State Policies
Preamble
Republicanism
The Defense of the State
Peace and Order
The Incorporation Clause
Rearing of the Youth
Women
Social Justice
Separation of Church and State
Supremacy of Civilian Authority
Local Autonomy
Economy
Miscellaneous

Separation of Powers
Purposes
Blending of Powers
Checks and Balances
The Role of the Judiciary
Justiciable and Political Questions
Application of the Doctrine
Political Questions under the New Constitution
Delegation of Powers
Permissible Delegation
(1) Tariff Powers
(2) Emergency Powers
(3) Delegation to the People
(4) Delegation to Local Governments
(5) Delegation to Administrative Bodies
Tests of Delegation
(1) The Completeness Test
(2) The Sufficient Standard Test
The Pelaez Case
The Legislative Department
The Senate
(1) Composition
(2) Qualifications
(3) Term
The House of Representatives
(1) Composition
A. The District Representatives
B. The Party-list Representatives
(2) Qualifications
(3) Term
Election
Salaries
Parliamentary Immunities
(1) Privilege from Arrest
(2) Privilege of Speech and Debate
Conflict of Interest
Incompatible and Forbidden Offices
Inhibitions and Disqualifications
Sessions
Officers
Quorum
Discipline of Members
Journals
Adjournment
The Electoral Tribunals
The Commission on Appointments

Organization
Powers of the Congress
Legislative Power in General
Procedure
Origin of Bills
Prohibited Measures
Title of Bills
Formalities
Approval of Bills
Legislative Inquiries
Appearance of Department Heads
The Power of Appropriation
(1) Appropriation Defined
(2) Implied Limitations
(3) Constitutional Limitations
(4) Appropriations for Sectarian Purposes
(5) Automatic Re-appropriation
(6) Special Funds
The Power of Taxation
The Power of Concurrence
The War Powers
Referendum and Initiative
The Executive Department
Executive Power
Qualifications
Election and Proclamation
Term
The Vice-President
Presidential Succession
Oath of Office
Perquisites and Inhibitions
Presidential Immunity
Powers of the President
The Appointing Power
(1) The Removal Power
The Control Power
The Take-Care Clause
The Military Power
(1) Command of the Armed Forces
(2) Habeas Corpus
(3) Martial Law
(4) Limitations of the Military Powers
The Pardoning Power
(1) Definitions
(2) Limitations
(3) Kinds of Pardon
(4) Effects of Pardon

(5) Distinctions
(6) Amnesty
The Borrowing Power
The Diplomatic Power
The Budgetary Power
The Informing Power
Other Powers
Resume
The Judicial Department
Independence of the Judiciary
Judicial Power
Jurisdiction
Appointments
(1) Qualifications
(2) The Judicial and Bar Council
Fiscal Autonomy
Composition of the Supreme Court
(1) En Banc cases
(2) Division Cases
Requisites of a Judicial Inquiry
(1) Actual Case
(2) Proper Party
(3) Earliest Opportunity
(4) Necessity of Deciding Constitutional Question
Effects of a Declaration of Unconstitutionality
(1) Partial Unconstitutionality
Powers of the Supreme Court
(1) Original Jurisdiction
(2) Appellate Jurisdiction
(3) Temporary Assignment of Judges
(4) Change of Venue or Place of Trial
(5) Rule-making Power
(6) Appointment of Court Personnel
(7) Administrative Supervision of Courts
Tenure of Judges
Consultations of the Court
Decisions of the Court
Salaries of Judges
Periods for Decision
Annual Report
The Constitutional Commissions
Salaries
Disqualifications
Staggering of Terms
Reappointment
Other Perquisites
Proceedings
The Civil Service Commission

Composition and Qualifications

Scope of the Civil Service
Appointments
(1) Exceptions
Security of Tenure
Partisan Political Activity
Self-organization
Temporary Employees
Objectives of the Civil Service
Oath
Disqualifications
Standardization of Compensation
Double Compensation
The Commission on Elections
Composition and Qualifications
Powers and Functions
(1) Enforcement of Election Laws
(2) Decision of Election Contests
(3) Decision of Administrative Questions
(4) Deputization of Law-Enforcement Agencies
(5) Registration of Political Parties
(6) Improvement of Elections
Election Period
Party System
Funds
Judicial Review
The Commission on Audit
Composition and Qualifications
Powers and Functions
Prohibited Exemptions
Report
Accountability of Public Officers
Impeachment
(1) Impeachable Officers
(2) Grounds for Impeachment
(3) Procedure
(4) Judgment
The Sandiganbayan
The Ombudsman
(1) Composition
(2) Qualifications and Appointment
(3) Term
(4) Powers and Functions
(5) Salary
The Special Prosecutor
Ill-gotten Wealth

Loans
Assets and Liabilities
Change of Citizenship
Amendment or Revision of the Constitution
Kinds of Constitution
Permanence of Constitution
Amendment and Revision
Procedure
(1) Proposal
A. Position of the Constitutional Convention
(2) Ratification
Judicial Review of Amendments
Transitory Provisions
Elections
Existing Laws and Treaties
Reserved Executive Powers
Court and Judges
Constitutional Commissions
Career Civil Service
Priority Measures
Sequestration
Salaries