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SAN DIEGO, RACHEL MAE M

JD-1C

INTRODUCTION TO LAW
I. GENERAL CONSIDERATION
A. DEFENITION OF LAW
THE term "law," in its broadest sense, means any rule of action nor norm of
conduct applicable to all kinds of action and to all objects of creation. In this sense
therefore, it concluds all laws, whether they refer to state law, physical law, divine law
and others.
In a strict legal sense, law is define as a rule of conduct, just and obligatory, laid
down by legitimate authority for common observance and benefit. (Sanchez Roman,
23) Based on this defenition, law has the following elements.:
B. ELEMENTS OF LAW
1. It is a rule of conduct - Laws serves as guides of an idividual in reletion to his
fellowman and to his community.
2. Law must be just - The chapter in human relation is now precisely embedde in
the New Civil Code in order to obtain stability and social order. Laws, as guide for
human conduct, "Should run as golden thread through society, to the end that may law
approach its supreme idea which is the sway of dominanceof justice" (Report of the
Code of Commission, page 39);
3. It must be obligatory - If laws are not enforced, the purpose of which are
intended will not be served;
4. Laws must be prescribed by Legitimate Authority - If laws are not prescribed
by legitimate authority, the people could not be expected to observe them. Authority
to make law is conferred upon those duly chosen by the sovereign will of the people.
This is in consonance with Section 1, Article 2 of the Philippine Constitution which
says that "sovereignity resides in the people and all the government authority
emanates on them";
5. Law must be ordained for common benefit - This is recognizes the famous
Latin maximum of "Salus Populi Est Suprema Lex" - the welfare of the people is the
supreme law. Laws should be applied not only to a particular group of citizens. They
are supposed to be applied equally to all citizens regardless of their relegion, political
persuasion, or status in life.
C. SOURCES OF LAW
Law is derived from different sources, namely : (1) legislation: (2) precedent; (3)
custom; and (4) court decision.
(a) LEGISLATION -is that source of law which consists in the declaration
of legal rules by a competent authority (Legislative body: Senate and House
of Representatives). Legislature is the direct source of law. Legislature frames
new laws, amends the old laws and cancels existing laws in all countries. In
modern times this is the most important source of law making.
(b) PRECEDENT - This means that the decision or principles inunciated by a
court of competent jurisdiction on question of law do not only serves as a guides but
also as authority to be followed by all other courts of equal or infrior jurisdiction in all
cases involving the same question until the same is overruled or reverse by a superior
court. In the Philippines, this doctrine of stare decisis is not is not applied and

recognized in the same manner that is the applied and recognized in common law
countries. However, our new Civil Code provides as follows: "x x x Judicial decisions
applying or interpreting the laws or the other Constitution shall form a part of the legal
system of the Phillipines. x x x" (Article 8, New Civil Code)
(c) CUSTOM - Customs have the force of law only when they are acknowledged
and approved by society through long and uninterupted usage.
In the Philippines, there are several requesites before the court considers custom.
They are as follows:
a. A custom must be approved as a fact according to to the rule of evidence (Art. 12,
NCC),
b. The custom must not be contrary to law (Art. 11, NCC);
c. There must be a number of repeated acts and these repeated acts must been
uniformly peformed ;
d. There must be judicial intention to make a rule of social conduct; and
e. A custom must be acknowledge and approved by society through long and
uninterrupted usage.
(d) COURT DECISON - Judicial decisions which apply or interpret the contitution
and the laws are part of the legal syslem in the Philippines but they are not laws.
However, although judicial decisions are not laws, they are evidence of the meaning
and interpretation of the laws.
In the Philippines, we dhere to Stare Decisis which means that once a case has
been decided one way, then another case involving the same question or point of law
should be decided in the same manner. This principle, however, does not necessarily
mean that errounous decisions, or those found to be contrary to the law must be
perpetuared. on the contrary, they should be abandoned.
D. HOW ARE LAWS MADE

Preliminary Procedures
The procedures for introducing legislation and seeing it through committees
are similar in both the House of Representatives and the Senate.
Legislative proposals originate in a number of different ways. Members of the
Senate, of course, develop ideas for legislation. Technical assistance in
research and drafting legislative language is available at the Senate
Legislative Technical Affairs Bureau. Special interest groupsbusiness,
religious, labor, urban and rural poor, consumers, trade association, and the
likeare other fertile sources of legislation. Constituents, either as individuals
or groups, also may propose legislation. Frequently, a member of the Senate
will introduce such a bill by request, whether or not he supports its purposes.
It must be noted also that much of the needed legislation of the country
today considered by Congress originates from the executive branch. Each
year after the President of the Philippines outlines his legislative program in
his State-of-the-Nation Address, executive departments and agencies
transmit to the House and the Senate drafts of proposed legislations to carry
out the Presidents program.

Introduction of Bills
No matter where a legislative proposal originates, it can be introduced only
by a member of Congress. In the Senate, a member may introduce any of

several types of bills and resolutions by filing it with the Office of the
Secretary.
There is no limit to the number of bills a member may introduce. House and
Senate bills may have joint sponsorship and carry several members' names.
Major legislation is often introduced in both houses in the form of companion
(identical) bills, the purpose of which is to speed up the legislative process by
encouraging both chambers to consider the measure simultaneously.
Sponsors of companion bills may also hope to dramatize the importance or
urgency of the issue and show broad support for the legislation.

Types of Legislation
The type of measures that Congress may consider and act upon (in addition
to treaties in the Senate) include bills and three kinds of resolutions. They
are:
1. Bills
These are general measures, which if passed upon, may become
laws. A bill is prefixed with S., followed by a number assigned
the measure based on the order in which it is introduced. The
vast majority of legislative proposalsrecommendations dealing
with the economy, increasing penalties for certain crimes,
regulation on commerce and trade, etc., are drafted in the form
of bills. They also include budgetary appropriation of the
government and many others. When passed by both chambers
in identical form and signed by the President or repassed by
Congress over a presidential veto, they become laws.
2. Joint Resolutions
A joint resolution, like a bill, requires the approval of both houses
and the signature of the President. It has the force and effect of
a law if approved. There is no real difference between a bill and
a joint resolution. The latter generally is used when dealing with
a single item or issue, such as a continuing or emergency
appropriations bill. Joint resolutions are also used for proposing
amendments to the Constitution.
3. Concurrent Resolutions
A concurrent resolution is usually designated in the Senate as S.
Ct. Res. It is used for matters affecting the operations of both
houses and must be passed in the same form by both of them.
However, they are not referred to the President for his signature,
and they do not have the force of law. Concurrent resolutions are
used to fix the time of adjournment of a Congress and to express
the sense of Congress on an issue.
4. Simple Resolutions
It is usually designated with P. S. Res. A simple resolution deals
with matters entirely within the prerogative of one house of
Congress, such as adopting or receiving its own rules. A simple
resolution is not considered by the other chamber and is not
sent to the President for his signature. Like a concurrent
resolution, it has no effect and force of a law. Simple resolutions

are used occasionally to express the opinion of a single house on


a current issue. Oftentimes, it is also used to call for a
congressional action on an issue affecting national interest.

Bill Referrals
Once a measure has been introduced and given a number, it is read and
referred to an appropriate committee. It must be noted that during the
reading of the bill, only the title and the author is read on the floor. The
Senate President is responsible for referring bills introduced to appropriate
committees.
The jurisdictions of the Standing Committees are spelled out in Rule X,
Section 13 of the Rules of the Senate. For example, if a bill involves matters
relating to agriculture, food production and agri-business, it must be referred
to the Committee on Agriculture and Food.

In Committee
The standing committees of the Senate, operating as little legislatures,
determine the fate of most proposals. There are committee hearings
scheduled to discuss the bills referred. Committee members and staff
frequently are experts in the subjects under their jurisdiction, and it is at the
committee stage that a bill comes under the sharpest scrutiny. If a measure is
to be substantially revised, the revision usually occurs at the committee level.
A committee may dispose of a bill in one of several ways: it may approve, or
reject, the legislation with or without amendments; rewrite the bill entirely;
reject it, which essentially kills the bill; report it favorably or without
recommendation, which allows the chamber to consider the bill at all. It must
be noted that under Section 29, Rule XI of the Rules of the Senate, if the
reports submitted are unfavorable, they shall be transmitted to the archives
of the Senate, unless five Senators shall, in the following session, move for
their inclusion in the Calendar for Ordinary Business, in which case the
President shall so order.

Committee Reports
A committee report describes the purpose and scope of the bill, explains any
committee amendments, indicates proposed changes in existing law and
such other materials that are relevant. Moreover, reports are numbered in the
order in which they are filed and printed.

Calendaring for Floor Debates: Consideration of, and Debates


on Bills
Under Section 45 of Rule XVI of the Rules of the Senate, the Senate shall have
three calendars, to wit:
A Calendar for Ordinary Business," in which shall be included the bills
reported out by the committees in the order in which they were
received by the Office of the Secretary; the bills whose consideration
has been agreed upon by the Senate without setting the dates on
which to effect it; and also the bills whose consideration has been
postponed indefinitely;
A Calendar for Special Orders, in which the bills and resolutions shall
be arranged successively and chronologically, according to the order in
which they were assigned for consideration; and

A Calendar for Third Reading, in which shall be included all bills and
joint resolutions approved on second reading.
Thus, a bill which has a committee report can be referred to the Calendar for
Ordinary Business. It may again be moved to its Special Order of Business
for priority action.
On the other hand, the consideration and debate of bills and resolutions are
spelled out in Rule XXV, Section 71 of the Rules of the Senate. It provides as
follows:
Sec. 71. The Senate shall adopt the following procedure in the
consideration of bills and joint resolutions:
(a) Second reading of the bill.
(b) Sponsorship by the committee chairman, or by any member
designated by the committee.
(c) If a debate ensues, turns for and against the bill shall be
taken alternately: Provided, however, That any committee
member who fails to enter his objection or to make of record his
dissenting vote after it shall have been included in the Order of
Business and read to the Senate in accordance with the second
paragraph of Section 24 hereof, shall not be allowed to speak
against the bill during the period of general debate although he
may propose and speak or vote on amendments thereto.
(d) The sponsor of the bill or author of the motion shall have the
right to close the debate.
(e) With the debate closed, the consideration of amendments, if
any, shall be in order.
(f) After the period of amendments, the voting of the bill on
Second Reading.
(g) Bills shall be submitted to final vote by yeas and nays after
printed copies thereof in final form have been distributed to the
Members at least three (3) days prior to their passage, except
when the President of the Philippines certifies to the necessity of
their immediate enactment to meet a public calamity or
emergency, in which case the voting on Third Reading may take
place immediately after second reading.
After the bill is approved on Third Reading, it will be submitted to the House
of Representatives for consideration. A bill passed by the Senate and
transmitted to the House usually goes to a committee, unless a House bill on
the same subject has already been reported out by the appropriate
committee and placed on the calendar.
Under normal procedures, therefore, a bill passed by one chamber and
transmitted to the other is referred to the appropriate committee, from which
it must follow the same route to passage as a bill originating from that
chamber.
Amendments may be offered at both the committee and floor action stages,
and the bill as it emerges from the second chamber may differ significantly
from the version passed by the first. A frequently used procedure when this
occurs is for the chamber that acts last to bring up the other chambers bill
and substitute its own version, then retaining only the latters bill number.

That numbered bill, containing the Senate and House version, is then sent to
a conference committee to resolve all differences.

Conference Committee Action


Calling a Conference
Either chamber can request a conference once both have considered the
same legislation. Generally, the chamber that approved the legislation first
will disagree to the amendments made by the second body and will make a
request that a conference be convened. Sometimes, however, the second
body will ask for a conference immediately after it has passed the legislation,
assuming that the other chamber will not accept its amendments.
Selection of Conferees
Under the Rules of the Senate (Rule XII, Section 34), the Senate President
shall designate the members of the Senate panel in the conference
committee with the approval of the Senate. The Senate delegation to a
conference can range in size from three to a larger number, depending on the
length and complexity of the legislation involved.
Authority of Conferees
The authority given to the Senate conferees theoretically is limited to matters
in disagreement between the two chambers. They are not authorized to
delete provisions or language agreed to by both the House and the Senate as
to draft entirely new provisions.
In practice, however, the conferees have wide latitude, except where the
matters in disagreement are very specific. Moreover, conferees attempt to
reconcile their differences, but generally they try to grant concession only
insofar as they remain confident that the chamber they represent will accept
the compromise.
The Conference Report
When the conferees have reached agreement on a bill, the conference
committee staff writes a conference report indicating changes made in the
bill and explaining each sides actions.
Once a conference committee completes its works, it can now be submitted
to the floor for its approval. Debate on conference reports is highly privileged
and can interrupt most other business.
Approval of the conference report by both houses, along with any
amendments on disagreement, constitutes final approval of the bill.

Final Legislative Action


After both houses have given final approval to a bill, a final copy of the bill,
known as the enrolled bill, shall be printed, and certified as correct by the
Secretary of the Senate and the Secretary General of the House of
Representatives. After which, it will be signed by the Speaker of the House
and the Senate President.
A bill may become a law, even without the Presidents signature, if the
President does not sign a bill within 30 days from receipt in his office. A bill
may also become a law without the Presidents signature if Congress
overrides a presidential veto by two-thirds vote.

Summary

The following is a summary of how a bill becomes a law:


Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is given a
corresponding number and calendared for First Reading.
First Reading
Its title, bill number, and authors name are read on the floor, after
which it is referred to the proper committee.
Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then either
approves the proposed bill without an amendment, approves it with
changes, or recommends substitution or consolidation with similar bills
filed.
Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to the
Committee on Rules for calendaring for Second Reading.
Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage
in debate, interpellation, turno en contra, and rebuttal to highlight the
pros and cons of the bill. A period of amendments incorporates
necessary changes in the bill proposed by the committee or introduced
by the Senators themselves on the floor.
Voting on Second Reading
Senators vote on the second reading version of the bill. If approved,
the bill is calendared for third reading.
Voting on Third Reading
Printed copies of the bills final version are distributed to the Senators.
This time, only the title of the bill is read on the floor. Nominal voting is
held. If passed, the approved Senate bill is referred to the House of
Representatives for concurrence.
At the House of Representatives
The Lower Chamber follows the same procedures (First Reading,
Second Reading and Third Reading).
Back to the Senate
If the House-approved version is compatible with that of the Senates,
the final versions enrolled form is printed. If there are certain
differences, a Bicameral Conference Committee is called to reconcile
conflicting provisions of both versions of the Senate and of the House
of Representatives. Conference committee submits report on the
reconciled version of the bill, duly approved by both chambers. The
Senate prints the reconciled version in its enrolled form.
Submission to Malacaang
Final enrolled form is submitted to Malacaang. The President either
signs it into law, or vetoes and sends it back to the Senate with veto
message.

E. What is Substantive Law


Substantive law is the statutory, or written law, that defines rights and
duties, such as crimes and punishments (in the criminal law), civil rights and
responsibilities in civil law. It codified in legislated statutes or can be enacted
through the initiative process.
Substantive law stands in contrast to procedural law, which is the
"machinery" for enforcing those rights and duties. Procedural law comprises
the rules by which a court hears and determines what happens in civil or
criminal proceedings, as well as the method and means by which substantive
law is made and administered. (WIKIPEDIA)
Substantive Law and Elements
Substantive law, on the other hand, deals with the substance of your
charges. Every charge is comprised of elements. Elements are the specific
acts needed to complete a crime. Substantive law requires that the
prosecutor prove every element of a crime in order for someone to be
convicted of that crime. What elements are required will depend on the crime
with which you are charged and the states substantive laws. For example, for
a felony driving while intoxicated charge, most states require prosecutors to
prove that:
1. You were driving or operating a motor vehicle;
2. On a public roadway;
3. While you were intoxicated;
4. And that you have prior convictions for driving while intoxicated.
In New Mexico, the prosecutor must show that you have previously been
convicted three times for driving while intoxicated, while substantive law in
Texas only requires the prosecutor to prove two prior convictions.
Because substantive law and procedural laws vary by state, and sometimes
even by county, make sure you consult with an experienced criminal law
attorney in your jurisdiction if you are charged with a crime. They will be
more familiar with the rules and can help you invoke the protections outlined
in the procedural and substantive laws of your state .
F. What is Common Law
Common law (also known as case law or precedent) is law developed by
judges through decisions of courts and similar tribunals that decide individual
cases, as opposed to statutes adopted through the legislative process or
regulations issued by the executibe branch.
A "common law system" is a legal system that gives great precedential
weight to common law, so that consistent principles applied to similar facts
yield similar outcomes.The body of past common law binds judges that make
future decisions, just as any other law does, to ensure consistent treatment.
In cases where the parties disagree on what the law is, a common law court
looks to past decisions of relevant courts. If a similar dispute has been
resolved in the past, the court is usually bound to follow the reasoning used
in the prior decision (this principle is known as stare decisis). If, however, the
court finds that the current dispute is fundamentally distinct from all previous
cases (called a "matter of first impression"), judges have the authority and
duty to make law by creating precedent.[5] Thereafter, the new decision
becomes precedent, and will bind future courts. Stare decisis, the principle

that cases should be decided according to consistent principled rules so that


similar facts will yield similar results, lies at the heart of all common law
systems.
G. What are the 2 kinds of Repeal?
Repeal of Laws
Art. 7, New Civil Code. Laws are repealed only by subsequent ones,
and their violation or non observance shall not be excused by
disuse,or custom or practice to the contrary.
When the courts declare a law to be inconsistent with the constitution, the
former shall be void and the latter shall govern. Administrative or executive
acts, orders and regulations shall be valid ony when they are not contrary to
laws or the constitution.
Repeal means to revoke or rescind, especially by an official or formal act. To
repeal a law is to void an existing law, by passage of a repealing statute, or
by public vote on a referendum. A law may be repealed by implication, by
passage of a statute which is inconsistent with the old statute.
Express repeal occurs where express words are used in a statute to repeal
an earlier statute. They are now usually included in a table in a schedule to
the statute, for reasons of convenience.
Implied repeal occurs where two statutes are mutually inconsistent. The
effect is that the later statute repeals the earlier statute pro tanto (in so far
as it is inconsistent).[2] As past and future parliaments are equally sovereign,
later parliaments can carry out implied repeal of earlier statute by passing an
inconsistent statute, but inconsistency needs to be established before implied
repeal can occur.
1. Expressly- by direct act of congress.
2. Impliedly- occurring inconsistencies on all points between a prior and a
subsequent law.
H. PROSPECTIVE LAW VS RETROACTIVE LAW
Art 4. Laws shall have no retroactive effect, unless contrary is provided.

II. POLITICAL LAW


A. STATE
A.1 DEFINITION
State is an organized community living under a unified political system,
the governmentHYPERLINK "http://en.wikipedia.org/wiki/State_(polity)" .States
may be sovereign. The denomination state is also employed to federated
states that are members of a federal union, which is the sovereign
stateHYPERLINK "http://en.wikipedia.org/wiki/State_(polity)" . Some states are
subject to external sovereignty or hegemony where ultimate sovereignty lies
in another state.
The state can also be used to refer to the secular branches of government
within a state, often as a manner of contrasting them with churches and

civilian institutions (civil society). The most commonly used definition is Max
Weber's which describes the state as a compulsory political organization with
a centralized government that maintains a monopoly within a certain
territory. A state is a community of persons more or less numerous,
permanently occupying a definite portion of territory, having a government of
their own to which the great body of inhabitants render obedience, and
enjoying freedom from external control.
A.2 ELEMENTS OF THE STATE
Population - The mass of the population living within the state.
- Answers the question, who governs whom?
- no specific number requirement.
Territory - Demarcated area that rightly belongs to the population
- Answers the question, where?
- terrestrial, fluvial, maritime and aerial
- should be permanent and large enough to be self-sufficing
Art. 1 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. 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 Philippines.
Government - Refers to the agency to which the will of the state is
formulated, expressed, and carried out.
Sovereignty - May be defined as the supreme power of the state to
command and enforce obedience to its will from the people within its
jurisdiction and corollary to have freedom from foreign control.
o Internal power of the state to rule within its territory
o External the freedom of the state to carry out its activities without
subjection to or control by other states.
B. CONSTITUTION
B.1 DEFINITION
The constitution refers to that body of rules and principles in
accordance with which the powers of sovereignty are regularly exercised
Nature and Purpose or Function of the Constitution
- Serves as the supreme fundamental law
- Establishes basic framework and underlying principles of government
B.2 KINDS OF CONSTITUTION
Origin and History:
a. conventional of enacted
b. cumulative or evolved
Form:
a. written

b. unwritten
Manner of amending:
a. rigid or inelastic
b. flexible or elastic
Advantage and disadvantage of a written constitution:
- Clearness and definiteness; stable
- Difficult to amend
Requisites
Form:
-brief
-broad
-definite
Contents:
-constitution of government
-constitution of liberty
-constitution of sovereignty
Constitution vs. Statute
Constitution -direct legislation from people
- General framework of law and government
law

-intended to meet existing and future conditions -supreme fundamental

Statute - legislation from the peoples representative


- provides details of subject it treats
- Intended primarily to meet existing conditions
- Statutes must conform to the constitution
Who has the power to interpret the constitution?
Primarily rests on the court ( Supreme Court for constitutional questions )
But the following can also interpret:
- Individuals ONLY insofar as guiding his own actions and dealings with others
- the executive and legislative for instances when responsibilities to interpret
has been charged upon them
Why interpret the constitution?
To ascertain and give effect to the INTENT of the framers and of the people
who adopted or approved it or its amendments
C. PHILIPPINE HISTORY
Constitution of La Liga Filipina

A short lived constitution prepared by Nationalist Jose Rizal for the


Organization La Liga Filipina, that dissolved when Dr. Rizal was exiled in
Dapitan.
Constitution of Biak-na-Bato (1897)
The Katipunan revolution led to the Tejeros Convention where, at San
Francisco de Malabon, Cavite, on March 22, 1897, the first presidential and
vice presidential elections in Philippine history were held-although only the
Katipuneros (members of the Katipunan) were able to take part, and not the
general populace. A later meeting of the revolutionary government
established there, held on November 1, 1897 at Biak-na-Bato in the town of
San Miguel de Mayumo in Bulacan, established the Republic of Biak-na-Bato.
The republic had a constitution drafted by Isabelo Artacho and Flix Ferrer
and based on the first Cuban Constitution.[9] It is known as the "Constitucin
Provisional de la Repblica de Filipinas", and was originally written in and
promulgated in the Spanish and Tagalog languages.[10]
Malolos Constitution (1899)
The Malolos Constitution was the first republican constitution in Asia.[11] It
declared that sovereignty resides exclusively in the people, stated basic civil
rights, separated the church and state, and called for the creation of an
Assembly of Representatives to act as the legislative body. It also called for a
Presidential form of government with the president elected for a term of four
years by a majority of the Assembly.[12] It was titled "Constitucin poltica",
and was written in Spanish following the declaration of independence from
Spain,[13] proclaimed on January 20, 1899, and was enacted and ratified by
the Malolos Congress, a Congress held in Malolos, Bulacan.[14][15]
The Preamble reads:
"
"Nosotros los Representantes del Pueblo Filipino, convocados legtimamente
para establecer la justicia, proveer a la defensa comn, promover el bien
general y asegurar los beneficios de la libertad, implorando el auxili del
Soberano Legislador del Universo para alcanzar estos fines, hemos votado,
decretado y sancionado la siguiente"
"
(We, the Representatives of the Filipino people, lawfully covened, in order to
establish justice, provide for common defense, promote the general welfare,
and insure the benefits of liberty, imploring the aid of the Sovereign
Legislator of the Universe for the attainment of these ends, have voted,
decreed, and sanctioned the following)
Acts of the United States Congress
The Philippines was a United States Territory from December 10, 1898 to
March 24, 1934.[16] As such, the Philippines was under the jurisdiction of the
federal government of the United States during this period. Two acts of the
United States Congress passed during this period can be considered
Philippine constitutions in that those acts defined the fundamental political
principles, and established the structure, procedures, powers and duties, of
the Philippine government.
1. The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill

of 1902", was the first organic law for the Philippine Islands enacted by the
United States Congress. It provided for the creation of a popularly elected
Philippine Assembly, and specified that legislative power would be vested in a
bicameral legislature composed of the Philippine Commission (upper house)
and the Philippine Assembly (lower house). Its key provisions included a bill of
rights for the Filipinos and the appointment of two nonvoting Filipino resident
commissioners to represent the Philippines in the United States Congress.
2. The Philippine Autonomy Act of 1916, sometimes known as "Jones Law",
modified the structure of the Philippine government by removing the
Philippine Commission as the legislative upper house, replacing it with a
Senate elected by Filipino voters. This act also explicitly stated that it was
and had always been the purpose of the people of the United States to
withdraw their sovereignty over the Philippine Islands and to recognize
Philippine independence as soon as a stable government can be established
therein.
Though not a constitution itself, the Tydings-McDuffie Act of 1934 provided
authority and defined mechanisms for the establishment of a formal
constitution via a constitutional convention.
Commonwealth and Third Republic (1935)
The 1935 Constitution was written in 1934, approved and adopted by the
Commonwealth of the Philippines (1935-1946) and later used by the Third
Republic of the Philippines (1946-1972). It was written with an eye to meeting
the approval of the United States Government as well, so as to ensure that
the U.S. would live up to its promise to grant the Philippines independence
and not have a premise to hold onto its "possession" on the grounds that it
was too politically immature and hence unready for full, real independence.
The Preamble reads:
"
"The Filipino people, imploring the aid of Divine Providence, in order to
establish a government that shall embody their ideals, conserve and develop
the patrimony of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of independence under a regime
of justice, liberty, and democracy, do ordain and promulgate this
constitution."
"
The original 1935 Constitution provided for unicameral National Assembly
and the President was elected to a six-year term without re-election. It was
amended in 1940 to have a bicameral Congress composed of a Senate and
House of Representatives, as well the creation of an independent electoral
commission. The Constitution now granted the President a four-year term
with a maximum of two consecutive terms in office.
A Constitutional Convention was held in 1971 to rewrite the 1935
Constitution. The convention was stained with manifest bribery and
corruption. Possibly the most controversial issue was removing the
presidential term limit so that Ferdinand E. Marcos could seek election for a
third term, which many felt was the true reason for which the convention was
called. In any case, the 1935 Constitution was suspended in 1972 with
Marcos' proclamation of martial law, the rampant corruption of the
constitutional process providing him with one of his major premises for doing
so.
Second Republic (1943)

The 1943 Constitution was drafted by a committee appointed by the


Philippine Executive Commission, the body established by the Japanese to
administer the Philippines in lieu of the Commonwealth of the Philippines
which had established a government-in-exile. In mid-1942 Japanese Premier
Hideki Tj had promised the Filipinos "the honor of independence" which
meant that the commission would be supplanted by a formal republic.
The Preparatory Committee for Philippine Independence tasked with drafting
a new constitution was composed in large part, of members of the prewar
National Assembly and of individuals with experience as delegates to the
convention that had drafted the 1935 Constitution. Their draft for the republic
to be established under the Japanese Occupation, however, would be limited
in duration, provide for indirect, instead of direct, legislative elections, and an
even stronger executive branch.
Upon approval of the draft by the Committee, the new charter was ratified in
1943 by an assembly of appointed, provincial representatives of the Kalibapi,
the organization established by the Japanese to supplant all previous political
parties. Upon ratification by the Kalibapi assembly, the Second Republic was
formally proclaimed (1943-1945). Jos P. Laurel was appointed as President
by the National Assembly and inaugurated into office in October 1943. Laurel
was highly regarded by the Japanese for having openly criticised the US for
the way they ran the Philippines, and because he had a degree from Tokyo
International University.
The 1943 Constitution remained in force in Japanese-controlled areas of the
Philippines, but was never recognized as legitimate or binding by the
governments of the United States or of the Commonwealth of the Philippines
and guerrilla organizations loyal to them. In late 1944, President Laurel
declared a state of war existed with the United States and the British Empire
and proclaimed martial law, essentially ruling by decree. His government in
turn went into exile in December, 1944, first to Taiwan and then Japan. After
the announcement of Japan's surrender, Laurel formally proclaimed the
Second Republic as dissolved.
Until the 1960s, the Second Republic, and its officers, were not viewed as
legitimate or as having any standing, with the exception of the Supreme
Court whose decisions, limited to reviews of criminal and commercial cases
as part of a policy of discretion by Chief Justice Jos Yulo continued to be part
of the official records (this was made easier by the Commonwealth never
constituting a Supreme Court, and the formal vacancy in the chief justice
position for the Commonwealth with the execution of Chief Justice Jos Abad
Santos by the Japanese). It was only during the Macapagal administration
that a partial, political rehabilitation of the Japanese-era republic took place,
with the recognition of Laurel as a former president and the addition of his
cabinet and other officials to the roster of past government officials. However,
the 1943 charter was not taught in schools and the laws of the 1943-44
National Assembly never recognized as valid or relevant.
The Preamble reads:
"The Filipino people, imploring the aid of Divine Providence and desiring to
lead a free national existence, do hereby proclaim their independence, and in
order to establish a government that shall promote the general welfare,
conserve and develop the patrimony of the Nation, and contribute to the
creation of a world order based on peace, liberty, and moral justice, do ordain
this Constitution."
The 1943 Constitution provided strong executive powers. The Legislature
consisted of a unicameral National Assembly and only those considered as

anti-US could stand for election, although in practice most legislators were
appointed rather than elected.
The New Society and the Fourth Republic (1973)
The 1973 Constitution, promulgated after Marcos' declaration of martial law,
was supposed to introduce a parliamentary-style government. Legislative
power was vested in a National Assembly whose members were elected for
six-year terms. The President was ideally supposed to be elected as the
symbolic and purely ceremonial head of state from the Members of the
National Assembly for a six-year term and could be re-elected to an unlimited
number of terms. Upon election, the President ceased to be a member of the
National Assembly. During his term, the President was not allowed to be a
member of a political party or hold any other office. Executive power was
meant to be exercised by the Prime Minister who was also elected from the
Members of the National Assembly. The Prime Minister was the head of
government and Commander-in-Chief of the armed forces. This constitution
was subsequently amended four times (arguably five depending on how one
considers Proclamation No. 3 of 1986).
On October 16-17, 1976, a majority of barangay voters (Citizen Assemblies)
approved that martial law should be continued and ratified the amendments
to the Constitution proposed by President Marcos.[19]
The 1976 amendments were:
an Interim Batasang Pambansa (IBP) substituting for the Interim National
Assembly
the President would also become the Prime Minister and he would continue
to exercise legislative powers until martial law should have been lifted.
The Sixth Amendment authorized the President to legislate:
Whenever in the judgment of the President there exists a grave emergency or
a threat or imminence thereof, or whenever the Interim Batasang Pambansa
or the regular National Assembly fails or is unable to act adequately on any
matter for any reason that in his judgment requires immediate action, he
may, in order to meet the exigency, issue the necessary decrees, orders or
letters of instructions, which shall form part of the law of the land.
The 1973 Constitution was further amended in 1980 and 1981. In the 1980
amendment, the retirement age of the members of the Judiciary was
extended to 70 years. In the 1981 amendments, the false parliamentary
system was formally modified into a French-style semi-presidential system:
executive power was restored to the President;
direct election of the President was restored;
an Executive Committee composed of the Prime Minister and not more than
fourteen members was created to "assist the President in the exercise of his
powers and functions and in the performance of his duties as he may
prescribe;" and the Prime Minister was a mere head of the Cabinet.
Further, the amendments instituted electoral reforms and provided that a
natural born citizen of the Philippines who has lost his citizenship may be a
transferee of private land for use by him as his residence.
The last amendments in 1984 abolished the Executive Committee and
restored the position of Vice-President (which did not exist in the original,
unamended 1973 Constitution).
In actual practice, while the 1973 Constitution was ideally supposed to set up
a true parliamentary system, the late President Marcos had made use of
subterfuge and manipulation in order to keep executive power for himself,
rather than devolving executive powers to the Parliament, as headed by the

Prime Minister. The end result was that the 1973 Constitution - due to all
amendments and subtle manipulations - was merely the abolition of the
Senate and a series of cosmetic text-changes where the old Americanderived terminologies such House of Representatives became known as the
"Batasang Pambansa" (National Assembly), Departments became known as
"Ministries", cabinet secretaries became known as "cabinet ministers", and
the President's assistant - the Executive Secretary - became known as the
"Prime Minister."
Ultimately, Marcos' so-called "Parliamentary System" therefore functioned as
an authoritarian-run Presidential System due to the series of amendments
and other modifications put in place after the 1973 Constitution was ratified.
1986 "Freedom Constitution"
Following the EDSA People Power Revolution that removed President
Ferdinand Marcos from office, the new President, Corazon C. Aquino issued
Proclamation No. 3 as a provisional constitution. It adopted certain provisions
from the 1973 constitution and granted the President broad powers to
reorganise thse government and remove officials from office, and mandated
that the president would appoint a commission to draft a new constitution.
1987 "Philippine Constitution"
In 1986, following the People Power Revolution which ousted Ferdinand E.
Marcos as President, and following on her own inauguration, Corazon C.
Aquino issued Proclamation 3, declaring a national policy to implement the
reforms mandated by the people, protecting their basic rights, adopting a
provisional constitution, and providing for an orderly transition to a
government under a new constitution. President Aquino later issued
Proclamation 9, creating a Constitutional Commission (popularly known as
the "ConCom") to frame a new charter to supersede the Marcos-era 1973
Constitution. Aquino appointed 50 members to the Commission; the members
were drawn from varied backgrounds, including several former congressmen,
former Supreme Court Chief Justice Roberto Concepcin, Roman Catholic
bishop Teodoro Bacani, and film director Lino Brocka. Aquino also deliberately
appointed five members, including former Labour Minister Blas Ople, who had
been allied with Marcos until the latter's ouster. After the Commission had
convened, it elected Cecilia Muoz-Palma as its president. Muoz-Palma had
emerged as a leading figure in the anti-Marcos opposition movement
following her retirement as the first female Associate Justice of the Supreme
Court. The Commission finished the draft charter within four months after
convening. Several issues were heatedly debated during the sessions,
including on the form of government to adopt, the abolition of the death
penalty, the continued retention of the Clark and Subic American military
bases, and the integration of economic policies into the Constitution. Brocka
would walk out of the Commission before its completion, and two other
delegates would dissent from the final draft. The ConCom completed their
task on October 12, 1986 and presented the draft constitution to President
Aquino on October 15, 1986. A for the charter's ratification was held on
February 2, 1987 after a nationwide information campaign. 76.37%
(17,059,495 voters), or more than three-fourths of all votes cast, favored
ratification versus 22.65% (or 5,058,714 voters) who voted against it. On
February 11, 1987, the new Constitution was proclaimed, ratified and made

effective, with Aquino, her government, and the Services swearing allegiance
to it later that day.

D. Administrative Law
that branch of modern law under which the executive department of the
government, acting in a quasi-legislativeor quasi-judicial capacity, interferes
with the conduct of the individualfor the purpose of promoting the well-being
of the community.Administrative law is a recent development , being a
consequence of the ever increasing complexities of society and the
proliferation of problems of government that cannot readily or effectively
beaddressed by the public agencies or solved by other disciplines of public
law.It was felt that thelegislative and judicial departments no longer
hadeither the time or the needed expertise to attend to these newproblems.
Thus, the obvious solution was delegation of power.
Two major powers of the administrative agency:
1. Quasi-legislative authority or rule making power
2. Quasi-judicial power or adjudicatory function
Sources of Administrative Law
Administrative law is derived from four sources or is of four (4) kinds:
1. Constitution or statutory enactments
e.g. Social Security Actwhich established the Social Security Commission.
2. Decisions of courts interpreting the charters of administrative bodies
3. Rules and regulations issued by the administrative bodies
e.g. Omnibus Rules Implementing the Labor Code.
4. Determinations and orders of the administrative bodies inthe settlement of
controversies
Administration
Administration is understood in two senses:
1. institution
administration as the aggregate of individuals in whose hands the reins of
government are for the time being.
2. function
administration as the actual running of the governmentby the executive
authorities through the enforcement of laws andimplementation of
policies.Government (as distinguished from administration) is the agency
orinstrumentality through which the will of the State is formulated,expressed
and realized.

Administration Distinguished from Law


Law is impersonal command provided with sanctions to be applied incase of
violation, while Administration is preventive rather punitive and is accepted
to be more personal than law.Law maintains a watchful eye on those who
would violate its order.While administration on the other hand seeks to spare
individuals frompunishments of the law by persuading him to observe its
commands.
Administrative Agencies
a body endowed with quasi-legislative andquasi-judicial powers for the
purpose of enabling it to carry out thelaws entrusted to it for enforcement or
execution.
Administrative agency may be regarded as an arm of the legislature insofar
as it is authorize to promulgate rules. It may also be looselyconsidered a
court because it performs functions of a particular judicialcharacter, as when
it decides factual and sometimes even legalquestions as an incident of its
general power of regulation.
Creation and Abolition
The administrative body may be created by the Constitution or by a Statute
.If created by the Constitution itself, the administrative body can bealtered or
abolished only by Constitution. But where the body wascreated only by
statute, the legislature that breathed life into it canamend or even repeal its
charter, thereby resulting in its abolitionwhich is justified if made in good
faith.
Powers of Administrative Agencies
Quasi-Legislative Power
the authority delegated by the law-making body to the administrative body
to adopt rules and regulationsintended to carry out the provisions of a law
and implement legislativepolicy.
Quasi-Judicial Power
the power of the administrative authorities tomake determinations of facts
in the performance of their official dutiesand to apply the law as they
construe it to the facts so found.
E. ELECTION LAW