Political Law Reviewer vr.

1, from the book of Isagani Cruz

POLITICAL LAW REVIEWER

CHAPTERS 1 5, from the
book Philippine Political Law,
by Isagani A. Cruz

Notes by: Rizal Thaddeus Acas

July, 2015

CHAPTER 1: GENERAL CONSIDERATIONS

POLITICAL LAW The branch of public law which deals with the organization and
operations of the governmental organs of the State and defines the relations of the State with
the inhabitants of its territory
CONSTITUTIONAL LAW I The study of the structure and powers of the Government of
the Republic of the Philippines
MALOLOS CONSTITUTION The first constitution of the Philippines during the time of
Emilio Aguinaldo
TREATY OF PARIS The treaty which provided for the cession of the Philippine Islands by
Spain to the United States
FIRST PHILIPPINE COMMISSION Made a fact-finding survey of the Philippine Islands
and submit appropriate recommendations to the U.S. Congress; also known as SCHURMAN
COMMISSION
TAFT COMMISSION Took over all the legislative powers and some of the executive and
judicial powers of the military governor
JONES LAW Established a Philippine Legislature consisting of a Senate and a House of
Representatives
TYDINGS-MCDUFFIE ACT Authorized the establishment of the Commonwealth of the
Philippines

CHAPTER 2: THE CONSTITUTION OF THE PHILIPPINES

1987 CONSTITUTION The fourth fundamental law to govern the Philippines since it
became independent on July 4, 1946.
Features of 1987 Constitution: a. Consists of 18 articles; and b. excessively long compared to
the 1935 Constitution (includes provisions that should have embodied only in implementing
statutes to be enacted by the legislature pursuant to the basic constitutional principles). It also
has some portions that sound like a political speech rather than a formal document stating only
the basic precepts.
Previous Constitutions: a. Malolos Constitution; b. Commonwealth Constitution; and c. 1973
Constitution.

SUPREMACY OF THE CONSTITUTION

- The basic and paramount law to which all other laws must conform and to which all persons,
including the highest officials of the land, must defer.
 The Constitution must be quintessential rather than superficial, the root and not the blossom,
the base and framework only of the edifice that is yet to rise.

CHAPTER 3: THE CONCEPT OF THE STATE

STATE 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 indicates a relation of birth or origin and implies a common race, usually
characterized by community of language and customs
THE STATE IS A LEGAL CONCEPT, WHILE THE NATION IS ONLY A RACIAL OR
ETHNIC CONCEPT.
ELEMENTS OF A STATE:
A. PEOPLE refers to the inhabitants of the state
- Must be numerous enough to be self-sufficing and to defend themselves
- Small enough to be administered and sustained
- Must come from both sexes to be able to perpetuate themselves
B. TERRITORY the fixed portion of the surface of the earth inhabited by the people of the
State
- Terrestrial domain, the inland and external waters, which make up the maritime and fluvial
domain, and the air space above the land and waters, which is called the aerial domain
- Article 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, 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.
- ARCHIPELAGO DOCTRINE we connect the outermost points of our archipelago with
straight baselines and consider all the waters enclosed thereby as internal waters.
C. GOVERNMENT the agency or instrumentality through which the will of the State is
formulated expressed and realized
- Philippine government is democratic and republican
- To promote the welfare of the people
- FUNCTIONS: Constituent and Ministrant
Constituent constitute the very bonds of society and are therefore compulsory. Example:
Keeping of order and providing for the protection of persons and property from violence and
robbery; Fixing of legal relations between husband and wife and between parents and children;
the definition and punishment of crimes; and etc
Ministrant those undertaken to advance general interests of the society, such as public works,
public charity, and regulation of trade and industry. These functions are optional.
- DOCTRINE OF PARENS PATRIAE the important tasks of the government is to act as
guardian of the rights of the people.
- DE JURE AND DE FACTO GOVERNMENTS:
DE JURE a government that has rightful 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
DE FACTO a government of fact, that is, it actually exercises power or control but without
legal title
 Kinds of de facto government:
1. The government that gets possession and control, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself against the will of the latter, such
as the government of England under the Commonwealth, first by Parliament and later by
Cromwell as Protector
2. That established as an independent government by inhabitants of a country who rise in
insurrection against the parent state, such as the government of the Southern Confederacy in
revolt against the Union during the war of secession in the United States
3. 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, such as the cases of Castine in Maine, which was reduced to a British
possession in the war of 1812, and of Tampico, Mexico, occupied during the war with Mexico
by the troops of the United States
- GOVERNMENT OF THE PHILIPPINES 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
D. SOVEREIGNTY the supreme and uncontrollable power inherent in a State by which that
State is governed
Two kinds: Legal and political
Legal sovereignty is the authority which has the power to issue final commands
Political sovereignty is the power behind the legal sovereign, or the sum of the influences
that operate upon it
INTERNAL OR EXTERNAL
Internal sovereignty refers to the power of the State to control its domestic affairs
External sovereignty, which is the power of the State to direct its relations with other
States, is also known as independence
CHARACTERISTICS OF SOVEREIGNTY:
1. PERMANENT
2. EXCLUSIVE
3. COMPREHENSIVE
4. ABSOLUTE
5. INDIVISIBLE
6. INALIENABLE
7. IMPRESCRIPTIBLE
Where there is a change of sovereignty, the political law of the former sovereign are not merely
suspended but abrogated.. .. 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.
Act of State
An act of State is an act done by the sovereign power of a country, or by its delegate,
within the limits of the power vested in him. An act of the State cannot be questioned or made the
subject of legal proceedings in a court of law.
CHAPTER 4: THE DOCTRINE OF STATE IMMUNITY
The State may not be sued without its consent.
The general rule is that, for a state to be sued, it shall waive its immunity.
Principle of the sovereign equality of States
 One State cannot assert jurisdiction over another in violation of the maxim par in
parem non habet imperium. To do so would unduly vex the peace of nations.
Sue against a public officer
It is understood, of course, that where a public officer acts without or in excess of
jurisdiction, any injury caused by him is his own personal liability and cannot be imputed to the
State.
Forms of Consent:
1. Express may be manifested either through a general law or a special law
2. Implied given when the State itself commences litigation or when it enters into a contract
Act No. 3083: "The Government of the Philippine Islands hereby consents and submits to be
sued upon any moneyed claim involving liability arising from contract, express or implied, which
could serve as a basis of civil action between private parties.
A claim against the government must first be filed with the Commission on Audit, which must
act upon it within sixty days. Rejection of the claim will authorize the claimant to elevate the
matter to the Supreme Court on certiorari and in effect sue the State with its consent.
If the claim is about just compensation, where the State uses a private land for public
purposes, it is not required to file the claim with the Auditor General (Commission on
Audit). In addition, if the suit does not involve money, to file with the Commission on Audit
is not needed.
GARNISHMENT OF FUNDS
The universal rule that where the State gives its consent to be sued by private parties
either by general or special law, it may limit claimants action only up to the completion of
proceedings anterior to the stage of execution and that the power of courts ends when the
judgement is rendered, since government funds and properties may not be seized under writs of
execution or garnishment to satisfy such judgments, is based on obvious considerations of public
policy. Disbursements of public funds must be covered by the corresponding appropriation as
required by law. The functions and public services rendered by the State cannot be allowed to be
paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects,
as appropriated by law.
.. that funds of public corporations which can sue and be sued were not exempt from
garnishment.
SUITS AGAINST GOVERNMENT AGENCIES
Where suit is filed not against the government itself or its officials but against one of
its entities, it must be ascertained whether or not the State, as the principal that may ultimately
be held liable, has given its consent to be sued.

KINDS OF AGENCY
1. INCORPORATED AGENCY has a charter of its own that invests it with a separate juridical
personality, like the SSS and University of the Philippines. It is suable if the charter says so.
2. UNINCORPORATED AGENCY has no separate juridical personality but is merged in the
general machinery of the government, like the Department of Justice, the Bureau of Mines and
the Government of Printing Office. Any suit filed against it is an action against the Philippine
Government.
SUABILITY the result of the express or implied consent of the State to be sued
LIABILITY is determined after hearing on the basis of relevant laws and the established facts.
 Supreme Court held a municipality liable for a tort committed in connection with the
celebration of a town fiesta, which was considered a proprietary function.

CHAPTER 5: FUNDAMENTAL PRINCIPLES AND STATE POLICIES

Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this
Constitution.
The Preamble is not considered a source of substantive right since its purpose is only to
introduce, to walk before, the Constitution.
REPUBLICANISM a representative government, a government run by and for the people. Its
essence is representation and renovation.
INCORPORATION CLAUSE Every State, is by reason of its membership in the family of
nations, bound by the generally accepted principles of international law, which are considered to
be automatically part of its own laws.
Social Justice
Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but
the humanization of laws and the equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be approximated. Social
Justice means the promotion of the welfare of all the people, the adoption by the Government of
measures calculated to insure economic stability of all the component elements of society,
through the maintenance of a proper economic and social equilibrium in the interrelations of the
members of the community, constitutionality, through the adoption of measures legally
justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of
all governments on the time-honored principle of salus populi est suprema lex.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in
the people and all government authority emanates from them. D
Section 2. The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all
nations. pej f ca R
Section 3. Civilian authority is, at all times, supreme over the military. The ArmedC
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof,
all citizens may be required, under conditions provided by law, to render personal,P
military or civil service.
Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy. M
Section 6. The separation of Church and State shall be inviolable. S

STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national
development.
Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect
the life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Section 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian
reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or
sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in
nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public service
and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.

ADDITIONAL INFORMATION FROM

http://www.ciesin.org/decentralization/English/General/Different_forms.html
Political Decentralization
Political decentralization aims to give citizens or their elected representatives more power in
public decision-making. It is often associated with pluralistic politics and representative
government, but it can also support democratization by giving citizens, or their representatives,
more influence in the formulation and implementation of policies. Advocates of political
decentralization assume that decisions made with greater participation will be better informed
and more relevant to diverse interests in society than those made only by national political
authorities. The concept implies that the selection of representatives from local electoral
jurisdictions allows citizens to know better their political representatives and allows elected
officials to know better the needs and desires of their constituents.
Political decentralization often requires constitutional or statutory reforms, the development of
pluralistic political parties, the strengthening of legislatures, creation of local political units, and
the encouragement of effective public interest groups.
Administrative Decentralization
Administrative decentralization seeks to redistribute authority, responsibility and financial
resources for providing public services among different levels of government. It is the transfer of
responsibility for the planning, financing and management of certain public functions from the
central government and its agencies to field units of government agencies, subordinate units or
levels of government, semi-autonomous public authorities or corporations, or area-wide, regional
or functional authorities.
The three major forms of administrative decentralization -- deconcentration, delegation, and
devolution -- each have different characteristics.
Deconcentration. which is often considered to be the weakest form of decentralization and is
used most frequently in unitary states-- redistributes decision making authority and financial and
management responsibilities among different levels of the centralgovernment. It can merely shift
responsibilities from central government officials in the capital city to those working in regions,
provinces or districts, or it can create strong field administration or local administrative capacity
under the supervision of central government ministries.
Delegation. is a more extensive form of decentralization. Through delegation central
governments transfer responsibility for decision-making and administration of public functions
to semi-autonomous organizations not wholly controlled by the central government, but
ultimately accountable to it. Governments delegate responsibilities when they create public
enterprises or corporations, housing authorities, transportation authorities, special service
districts, semi-autonomous school districts, regional development corporations, or special project
implementation units. Usually these organizations have a great deal of discretion in decision-
making. They may be exempt from constraints on regular civil service personnel and may be
able to charge users directly for services.
Devolution. A third type of administrative decentralization is devolution. When governments
devolve functions, they transfer authority for decision-making, finance, and management to
quasi-autonomous units of local government with corporate status. Devolution usually transfers
responsibilities for services to municipalities that elect their own mayors and councils, raise their
own revenues, and have independent authority to make investment decisions. In a devolved
system, local governments have clear and legally recognized geographical boundaries over
which they exercise authority and within which they perform public functions. It is this type of
administrative decentralization that underlies most political decentralization.