GENERAL PRINCIPLES
A. Political Law- defines the relations of the State with the inhabitants of its territory
B. Scope/Divisions of Political Law
1. Constitutional Law- study of the maintenance of the proper balance between authority
2. Administrative Law- fixes the organization of government
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Laws
C. Basis of the Study
1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Other organic laws made to apply to the Philippines (Philippine Bill of 1902, Jones Law
of 1916, and Tydings-McDuffie Law of 1934)
4. Statutes, executive orders and decrees, and judicial decisions
5. U.S. Constitution
THE PHILIPPINE CONSTITUTION
A. Nature of the Constitution
1. Constitution- that body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised
2. Purpose- to prescribe the permanent framework of a system of government
3. Classification:
a) Written or unwritten
written constitution- whose precepts are embodied in one document or set of documents
unwritten constitution- rules which have not been integrated into a single, concrete form
b) Enacted (Conventional) or Evolved (Cumulative)
conventional constitution- enacted, formally struck off at a definite time and place
cumulative constitution- result of political evolution, not inaugurated at any specific time
c) Rigid or Flexible
rigid constitution- can be amended only by a formal and usually difficult process
flexible constitution- can be changed by ordinary legislation
4. Qualities of a good written Constitution:
a) Broad, b) Brief, c) Definite
5. Essential parts of a good written Constitution:
a) Constitution of Liberty, b) Constitution of Government, c) Constitution of Sovereignty
6. Interpretation/Construction of the Constitution
Principles of Constitutional Construction:
a. verba leais- whenever possible, the words used in the Constitution must be given their
ordinary meaning except where technical terms are employed
b. ratio leqis et anima- where there is ambiguity, the words of the Constitution should be
interpreted in accordance with the intent of the framers
c. ut maais valeat auam pereat- the Constitution has to be interpreted as a whole
Self-executing provisions- a provision which is complete in itself and becomes operative without
the aid of supplementary or enabling legislation
B. Brief Constitutional History
1. The Malolos Constitution
2. The American Regime and the Organic Acts
3. The 1935 Constitution
4. The Japanese (Belligerent) Occupation
5. The 1973 Constitution
C. The 1987 Constitution
1. Proclamation of the Freedom Constitution
2. Adoption of the Constitution
3. Effectivity of the 1987 Constitution
D. Amendment
1. Amendment vs. Revision
revision- broadly implies a change that alters a basic principle in the Constitution;
amendment- broadly refers to a change that adds, reduces, deletes, without altering
the basic principle involved
2. Constituent v. Legislative Power
3. Steps in the Amendatory Process:
a) Proposal, b) Ratification
4. Judicial Review of Amendments
E. The Power of Judicial Review
1. Judicial Review- power of the courts to test the validity of executive and legislative acts
2. Recognize the Supreme Court to decide constitutional questions and the issue of whether
the power can be exercised by lower courts.
3. Functions of Judicial Review:
a) Checking, b) Legitimating, c) Symbolic
4. Requisites of Judicial Review/lnquiry:
a) Actual case or controversy, b) The constitutional question must be raised by the proper party,
c) The constitutional question must be raised at the earliest possible opportunity, d) The decision
on the constitutional question must be determinative of the case itself
5. Effects of Declaration of Unconstitutionality. Two views:
a) Orthodox view: an unconstitutional act is not a law; it confers no rights
b) Modern view: courts simply refuse to recognize the law
6. Partial Unconstitutionality. Requisites:
a) The Legislature must be willing to retain the valid portion(s), usually shown by the presence of
a separability clause in the law.
b) The valid portion can stand independently as law.
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.
Function of the Preamble in the Constitution
Sets down the origin, scope, and purpose of the Constitution.
Origin/Authorship- the will of the "sovereign Filipino people"
Scope and Purpose- "to build a just and humane society and to 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."
Significant Use of "We?"
Stresses the active and sovereign role of the Filipino people as author of the Constitution.
The Constitution now say:
"Almighty God" instead of "Divine Providence" (1935 and 1973 Constitutions)
"common good" instead "general welfare" which is avoided since interpreted as "the
greatest good for the greatest number"
"equality"
adds the final phrase "under the rule of law and a regime of truth, justice, freedom, love,
equality and peace"
Import of "the rule of law"
The statement is: "Ours is a rule of law and not of men."
ARTICLE I: THE NATIONAL TERRITORY
Force of the-assertion of a territorial claim in a constitution- constitution is municipal
law
National territory in the constitution- bind internationally only if it is supported by proof
that can stand in international law
Scope of the National Territory defined in Article I, Section 1:
(1) the Philippine archipelago
(2) all other territories over which the Philippines has sovereignty or jurisdiction
(3) the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas
corresponding to (1) and (2)
(1) and (2) consist of terrestrial, fluvial, and aerial domains
Archipelago- a body of water studded with islands
Philippine archipelago- delineated in the Treaty of Paris (December 10,1898), modified
by the Treaty of Washington (November 7,1900) and the Treaty with Great Britain
(January 2,1930)
"All other territories over which the Philippines have sovereignty or jurisdiction."
Philippine claim to Sabah- avoided the use of language historically offensive to Malaysia
and has instead used the clause "over which the Philippines has sovereignty or jurisdiction."
Extent of the Philippine claim- extent recognized by international law
Baselines- lines drawn along the low water mark of an island or group of islands which
mark the end of the internal waters and the beginning of the territorial sea. Each country
must draw its own baselines according to the provisions of the Law of the Sea
Baseline Law- A. R.A. 9522. This law provides for one baseline around the archipelago
and separate baselines for the "regime of islands" outside the archipelago
