INTRODUCTION
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2.
I.
POLITICAL LAW
II.
III.
That branch of public law that 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.
1.
2.
are
1.
but
provides
for
any
b.Brief
Purposes:
1.
Flexible
Rigid
CONSTITUTION
CONSTITUTIONAL LAW
SDSG
Cumulative
Types:
Constitution
principles
on
which
c. Definite
1.
the
1.
Written
2.
b. According to Origin
1.
1.
functions,
c. Constitution of Sovereignty
1.
Constitutional Construction
a.Verba Legis
1.
Conventional
Bill
of
Rights
(fundamental
rights
and
constitutional limitations on governmental
powers as a means to securing those rights
b.Constitution of Government
Unwritten
a.According to Form
1.
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2. Generally
amended
affects
only
the
specific
SDSG
provision
being
3. Isolated/piecemeal change
NOTE: In case of doubt, provisions are held to be selfexecuting; mandatory rather than directory; and
prospective rather than retroactive
B.
Revision
1. Any change that alters any of the basic principles or
tenets underlying the Constitution
2. Generally affects several provisions of the Constitution
II.
Section 1.
Any amendment to, or revision of, this Constitution may be proposed by:
1.
2.
A constitutional convention.
PROPOSAL
Section 2.
Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of
the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered voters
therein. No amendment under this section shall be authorized within five
years following the ratification of this Constitution nor oftener than once
every five years thereafter.
The Congress shall provide for the implementation of the exercise of this
right.
Section 3.
Constituent Assembly
a.
b.
Constitutional Convention
a.
b.
c.
2.Amendments only
Section 4.
Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later than ninety days
after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.
I.
Peoples Initiative
a.
b.
c.
d.
AMENDMENT VS REVISION
A.
Amendment
1. Any change that adds, reduces, deletes, without altering
the principle involved.
B.
RATIFICATION
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2. Convention is Inferior
Form
b.
Substance
E.
Checks on
affected
number
of
provisions
vs
COMELEC,
GR
G.
F.
Qualitative
a.
D.
Defensor-Santiago
127325, 3/19/97
2. Sufficient
C.
1. 2-part Test
B.
RELEVANT CASES
A.
III.
SDSG
Tolentino
10/16/71
Plebiscite
Ratification of proposed amendments;
approval of particular amendment
vs
COMELEC,
GR
L-34150,
Referendum
Consultation; getting public attention/
public sentiment on a certain issue
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SDSG
1.Checking
H.
abuse
of
2.Legitimating
Check
for
grave
discretion/unconstitutionality
3.Symbolic
D.
IV.
JUDICIAL REVIEW
A.
DEFINITION
1.Article VIII, Section 1, Paragraph 1
Exceptions:
B.
c.
Case is capable
evasive of review
d.
of
repetition
yet
Requirements:
a.
b.
C.
2.Locus Standi
a.
Citizens
2.
Constitutionality
law
b.
party
should
registered voter
Taxpayers
There should be sufficient
interest in preventing the
illegal expenditure of funds
derived from the taxing and
spending power of Congress
And that he would sustain a
direct injury as a result of
the enforcement of the
questioned
statute
or
contract.
i.
ii.
Overbreadth Doctrine
1.
c.
Exceptions:
a.
b.
c.
b.
Government
1.
Facial Challenge
a.
Legislators
1.
b.
be
Exceptions:
election
2.
v.
of
a.
1.
iv.
Voters
1.
iii.
2.
SDSG
a.
ii.
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Constitutionality of a statute
4.Lis Mota
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E.
a question of policy:
a.
1.Orthodox View
It confers no rights
b.
Imposes no duties
c.
Affords no protection
d.
Creates no office
e.
SDSG
2.Modern View
F.
2. Justiciable Questions
PARTIAL UNCONSTITUTIONALITY
1. With respect to the Doctrine of Separation of Powers,
courts will hesitate to declare a law totally
unconstitutional and will always attempt to salvage the
valid portions of it.
a.
b.
c.
d.
e.
G.
Expressed
Clause
through
Separability
DEFINITIONS
STATE
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a.
NATION
b.
sentence,
Domain
Fluvial/Maritime Domain
Aerial Domain
Treaty Limitations:
GOVERNMENT
a.
ELEMENTS OF STATE
A.
2nd
Terrestrial
NATION STATE
Where different races living together as a political group
acquire a community of cultural and economic interests
and develop common sympathies and aspirations.
D.
Doctrine,
landmass
Archipelagic
Sec. 1, Art I
Components:
a.
SDSG
a.
PEOPLE
US
Turtle
and
People should
perpetuity
be
of
both
genders
for
Inhabitants
Citizens
III
a.
Spratly Islands
b.
Sabah
TERRITORY
Covers:
Sec. 1, Art I
drew straight
Philippines
around
the
b.
c.
Following
the
definition
of
an
archipelago, Batanes Island falls within
the area of the Philippine archipelago.
d.
Stipulated that:
C.
GOVERNMENT
The agency or instrumentality of the State through which
the will of the State is formulated, expressed and
realized.
Government
of
the
Philippines
Administrative Code of 1987
Internal waters
Terrestrial waters
12
nautical
from baseline
Part
of
territory
miles
Constituent
a.
national
Mandatory
constitutes the very bonds of
society
samples:
24
nautical
miles
from
edge
of
Terrestrial waters
Hot pursuit area
e.
maintenance of peace
and order
regulation of property
and property rights
administration
justice
b.
of
Ministrant
a.
Optional (supposedly)
Intended to promote welfare,
progress and prosperity of the
people
Samples:
2(1),
Functions:
Sec.
Contiguous Zone
SDSG
baselines
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National
(PNB)
banking
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b.
Executive
and
legislative
powers are fused in Parliament
although actual exercise is
vested in a Prime Minister who
is
chosen
by
and
held
accountable to, Parliament
Classification of Government
According to Origin
a.
De Jure
According to Organization
a.
Unitary
Single, centralized government
exercising control over internal
and external affairs of the
State
b.
Federal
Autonomous state government
unit merged into a single
State.
De Facto
Government of fact, that is, it
actually exercises power or
control without legal title
Kinds:
According to Structure
a.
Presidential
Separation of executive and
legislative powers
SDSG
Parliamentary
D.
SOVEREIGNTY
The supreme and uncontrollable power inherent in a
State by which the State is governed
Kinds:
b.
b.
Characteristics
Permanence
Exclusiveness
Comprehensiveness
Absoluteness
a.
Indivisibility
Inalienability
Imprescriptibility
Effects
of
revolution)
Change
in
Sovereignty
b.
Imperium
No change in Sovereignty
a.
b.
a.
(successful
Jurisdiction
Kinds:
a.
by
Political
laws
reinstated
are
Doctrine
Postliminium
b.
automatically
of
Judicial
decisions
made
belligerent occupation shall
valid
Jus
during
remain
Territorial jurisdiction
authority of the State to have all
persons and things within its
territorial limits to be completely
subject to its control and protection
Exempt:
Foreign States
Exceptions:
i.
Diplomatic
agent
holds
immovable property in the
receiving
state
in
his
private capacity (refuses to
pay purchase price of
condo)
ii.
Instances
involving
succession
(diplomatic
agent
is
named
as
administrator or heir)
iii.
Diplomatic
agent
is
engaged in professional or
These
will
be
abrogated/annulled
Dominium
SDSG
Regalian doctrine
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NOTE:
Diplomatic
agents
except consuls STILL CANNOT
be held liable for any act in
violation of any of our laws
i.
b.
Foreign
State
property
including
embassies, consulates and public
vessels engaged in non-commercial
activities
Acts of State
Personal jurisdiction
c.
SDSG
Extraterritorial jurisdiction
Power exercised by the State beyond its territory in
the following cases:
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a.
b.