PRELIMINARY CONSIDERATION
Political law
 Branch of public law which deals with the
organization and operation of the
governmental organs of the state and define
the relations of the state with the
inhabitants of its territory. (People v Perfecto,
43 Phil. 887, 897)
Scope and Coverage
 Constitutional Law
 Law of Public Corporations
 Administrative Law and Law on Public
Officers and Elections
Constitutional Law
 Determines the political organization of the
state, and regulates the political relations
between the state and the individuals who
compose it.
Administrative Law
 Treats of that part of public law which fixes
the organization of government, determines
the competence of the authorities that
execute the law, and indicates to the
individual the remedies for the violation of
his rights.
Election Law
 Deals with the study of the means by which
people choose their officials for definite and
fixed periods and to whom they entrust for
the time being as their representatives the
exercise of the powers of government.
Law on Public Officers
 Treat of the study of public office, its
elements, creations and termination, and of
public officers, their qualification, powers,
duties, rights and liabilities.
Law on Public Corporations
 Deals with the study of quasi and municipal
corporations, such as municipalities,
provinces, chartered cities and barangays.
CONSTITUTION AND CONSTITUTIONALISM
Constitution
 The supreme law of the land
 Foundation of the entire legal system, the
bedrock of legal order.
Doctrine of Constitutional Supremacy
- Constitution is a system of fundamental laws
for the governance and administration of a
nation.
- A supreme law to which all other laws must
conform and in accordance with which all
private rights must be determined and all
public authority administered.
Republic v Sandiganbayan
- Even without a constitution and a Bill of
Rights during interregnum, the basic and
fundamental rights of the people were still
protected pursuant to the country’s
adherence to international agreements,
specifically the Universal Declaration of
Human Rights and the Covenant on Civil and
Political Rights.
Classification of Constitution
- Constitution of Liberty
 Sets forth the fundamental civil and
political rights of the citizens and
imposing certain limitations on the
power of the Government as a
means of securing the enjoyment of
those rights.
- Constitution of Government
 Organization of the Government,
enumerating its powers, laying
down certain rules relative to the
administration and defining the
electorate
- Constitution of Sovereignty
 Mode of procedure in accordance
with which formal changes in the
fundamental law may be brought
about.
Requisites of a good written Constitution
1. Broad
 In the sense that it would provide
the basic and general outline of
government and the relations
between it and the people.
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 2. Brief
 In that it only provides the
fundamentals leaving the details to
be worked out in ordinary
legislation
3. Definite
 In order to ensure an orderly
society free from much ambiguities
and uncertainties, a set of rules by
which the governors and the
governed could very well
determine without much
difficulties what is and what is not
allowed.

Construction & Interpretation of Constitution

1. Verba Legis
 Ordinary meaning except where
technical terms are employed
2. Ratio Legis est anima
 In accordance with the intent of its
framers
3. Historical Background and the underlying
rationale for the inclusion of certain
provisions

Application
- Unless it is expressly provided that a
legislative act is necessary to enforce a
constitutional mandate, the presumption
now is that all provisions of the constitution
are self-executing.
- GR: Provisions of the Constitution are self-
executing, and do not require future
legislation for their enforcement.
- XPN: Art. II (State Principles and Policies), Art
XIII(Social Justice and Human Rights), Section
2, Art. XIV, Art. VI Sec. 25(5).

THE STATE

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