Political Law Lecture For Mock Bar-2010

http://www.scribd.
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1. 3he 1987 Constitution took effect on February 2, 1987, Date when the
2. Principle: Any amendment to or revision to the constitution takes effect upon the approval by a
majority of the votes cast in an election called for the purpose.
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1. Francisco vs. Comelec- VerbaLegis: Word of the law itself-word common enough
2. Ration et legis et anima-look for the intent of the framers of the constitution-most basic
3. Provisions which are in conflict with another-Ut ma gesvariatporferiat-entire constitution must
be given effect.
GG

Ñelf executing provision-rights conferred and liabilities imposed must be clear and may be shown by the
examination of the words of the Constitution, without any language that may show that there is a need
of an enabling acts of the legislative

led a certificate of candidacy for president and was denied on the ground that
he is a nuisance candidate
Under art. 2, sec 26, all citizens are guarantied free access to the public service.
Art 2, 26 is not a self executingprovision, it will not give rise to any cause of action. 3he
right granted therein does not appear in the very text of the constitution. 3he determination of
such right cannot be ferreted out
Art. 2, Ñec 26 speaks of prohibiting political dynasties as may be m

Gncidentally while were here let us Jump on the power of the COMELEC relative to the certificate
of candidacy
General Rule: COMELEC only has ministerial powers to receive or accept certificates of candidacy when
the certificate appears on its face to be proper in form and substance
3 Exceptions:
1. 3he COMELEC may reject cert of candidacy filed by a nuisance candidate
2. 3he COMELEÑ may look beyond the face of the Cert whenever there is a verified petition seeking
a cancellation of the certificate of candidacy on the ground that the certificate of candidacy
contains material representation which is false, provided that the petition must be filed within
25 days from the filing of the Certificate of Candidacy
3. COMELEC may look beyond the face if there is a petition for disqualification filed on the ground
of those enumerated provided under sec. 68 of the Omnibus election code, which includes: vote
buying, terrorism, fraud, etc., over-spending in propaganda and contributions as well as
commission of the acts mentioned under sec.261, denominated as election offenses
3hus, in Pamatong case, he was declared as a nuisance candidate because he cannot wage a nationwide
presidential campaign .
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1. Amendment: piecemeal

2. Revision: Complete overhaul
3Means by which the constitution may be amended or revised:
1. Ñection 1 of Art. 17:Amendment and revision may be proposed by congress by a vote of ¾ of all
of its members. Constituent body.
How should the votation be made? Gs it joint or voting separately?
Gt includes the power to call constitutional convention as well as not propose amendments or revisions.

Congress has full discretionary authority whether or not to propose amendment or revision.
Whether or not to call a constituent assembly or call a constitutional convention.
ÔP ag e
2. Gf congress does not want to make directly any amendments or revisions, it may call a
constitutional convention.
How to call constitutional convention? By 2/3 vote of all its member. Gf 2/3 votes have not been
complied with, the congress may still initiate a calling of a constitutional convention into existence
through a majority vote of all its members. Provided that the same should be approved by the majority
vote of the people in a plebiscite in an election called for that purpose.
3hree schools of thought vis-à-vis all other divisions of the Government
1. Constitutional sovereignty-Con con is superior to congress, president or the Court

2. Con Con is inferior because it is a mere creation of congress
3. When the concon is performing its function within the scope of its authority, the same is co-
equal to the other branches of the Government
3.People͛s initiative-may be commenced by the filing of the petition with the COMELEC, which
must be signed by 12% of all voters in the Philippines provided that each legislative district must
be represented by 3% of all its registered voters.

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Procedure/How initiated:
1. Filing of petition with the COMELEC signed by 12% and 3%

2. Comelec determines the sufficiency of the Petition, when the COMELEC has
determined the sufficiency and compliance of the Petition, the COMELEC will issue a
certificate to that effect
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Petition à

à à
à The people are again
left in the dark to fathom the nature and effect of the proposed changes
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alters a basic principle in the constitution
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alters the substantial entirety of the constitution, as when the
change affects substantial provisions of the constitution. !
a change that adds, reduces, or deletes à altering the basic principle
involved à

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) declaring RA
6735 ³incomplete, inadequate or wanting in essential terms and conditions´ to cover the
system of initiative to amend the Constitution. % à

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This Court must avoid revisiting a ruling involving the constitutionality of a statute
if the case before the Court can be resolved on some other grounds. #
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,8 % $88* à !92:2 Only Atty. Lambino, Atty.
Demosthenes B. Donato, and Atty. Alberto C. Agra signed the petition and amended
petition as counsels for ³Raul L. Lambino and Erico B. Aumentado, Petitioners.´ (
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No petition embracing more than one (1) subject shall be submitted to the electorate<
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RA: 6735 defines initiative as:
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Discuss Imp. Principles
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Power of the courts to determine whether or not an executive or legislative act is in

accordance with the constitution.Expanded power of the Judiciary..inherent in the judicial
department.
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1. There must be an actual case or controversy.

2. Constitutional question must be raised at an earliest opportunity.
3. It must be raised by a proper party;
4. It must be determinative of the case in controversy, lismota
. There must be an actual case or controversy

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Lacson vs. Hernando Perez
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RANDOLF DAVID VS.GMA et.al.
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B. 3AXPAYERÑ͛ suit.
Gs a taxpayer a proper party to a contest the validity of the law or executive act? Yes
provided that the matter being question has to do with public funds, where the
expenditure of the public fund is claimed by the taxpayer to be excessive, extravagant,
anomalous, improvidednt or so on. Reason: he is in the position of sustaining injury
because part of the money to expended comes from him as taxpaye
C. People vs. Vera
Government of the Philippines is always a proper party to contest the validity of its
own laws. More than anyone it is the Government that has the interest in the validity of
its own laws. 3his includes the old probation law.. Government will sustain an injury
from the implementation of the probabtion law, more than the expense that may be
incurred in the implementation of this law is the Mortal wound that may be inflicted to
the Government in the implementation of an invalid law.
3.Earliest possible time
4. Lismota
Court by rules or principles of comity, flowing from the principles of separation of power,
Courts are loathed to interfere with co-equal branches of government.
Gf the court may decide without ruling on the constitutional issue, it may evade ruling on the
constitutional issue.
'P ag e
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Citizens questioned the filed a case to disqualify Ñingsonon the ground that there is a
law requiring him to be confirmed first by the commission on appointment, Ñingson answered
that the said law is unconstitutional because it is in violation of sec. 16 of Article 7.
3he Court refused to rule on the constitutionality of the law because the Petition is
defective, held that the petitioners are not the parties in interest inasmuch as they are not
claiming to have valid title or right to the position of bangkosentral Governor, the case being in
the nature of a quo warranto proceeding.
OR3HODOX VGEW AND MODERN VGEW
AF3ER A LAW HAÑ BEEN DECLARED AÑ UNCONÑ3G3U3GONAL.
Discussion
Elements of state:
Group of persons more or less numerous occupying a definite territory, possessed with a
government to which the inhabitants give habitual respect and obedience
1. People
2. 3erritory-
3. Government
4. Ñovereignty
1. People- Both sexes capable of perpetuation and defense

2. 3erritory-in relation to article 1, comprises the Philippine archipelago with all the islands
and waters embraced therein and all other territories over which the Philippines
exercises sovereignty or jurisdiction.
a. Organic acts that influence the extent of Philippine territory
A1. 3reaty of paris of December 13, 1898
3reaty in washington, treaty of UÑ and great Britain
b. Ownership over the Kalayaan islands-answer always the Philippines.
Historical fact. Discovered by 3omas Coloma discovered the same,
subsequently during the time of Marcos where the said islands was ceded in
favor of the Philippines through a Deed of assignment, subsequent Decree
was issued by Marcos redefining the state territory with technical description
including the Kalayaan island, which was filed with the UN secretariat and
the fact that the inhabitants thereof are registered voters of the Philippines
and during the last election and the continuing exercise of jurisdiction and
sovereignty of the Philippines.
c. 2nd statement-archipelagic doctrine, the waters around, in between and
connecting the islands of the archipelago, regardless of their breadth and
dimension form part as the integral waters of the Philippines.
i. Ñtate the archipelagic doctrine of National territory;
ii. Explain its rationale
iii. How the doctrine may be implemented
aP ag e
Ñtraight bas line method-outer most points of the outer most part of the islands of the
archipelago shall be connected by an imaginary straight line.
3erritorial sea of 12 nautical miles shall start from the baseline.
UN convention on the law of the sea, there is a recognition of contiguous zone and exclusive
economic zone.
Contiguous zone-12 nautical miles from the boundaries of the territorial sea.
Exclusive economic zone 200 nautical miles from the baseline (not from the territorial waters).
Rationale: the state exercises preferential rights over the marine resources found in the
exclusive economic zone. Art. 12, Ñec.2 of the of the constitution-3he Ñtate shall protect the
nation͛s marine wealth in its rchiphelagic waters, territorial sea, and exclusive economic zone,
and reserve its use and enjoyment exclusively to Filipino Citizens.
&* " ! !+
Bicameral Presidential ʹComplete separation between the executive department and legislative
power. Executive power and legislative power are clearly separate.
Unilateral Parliamentary-3here is fusion both the executive power and legislative power in the
parliament. Even if the actual exercise of executive power is vested with the prime ministerial
who is chosen and accountable to the Parliament.

"+
3wo things:
1. Effects in the change of sovereignty- political laws are abrogated but municipal laws
remain to be in force.
2. Belligerent occupation-does not result in the change in sovereignty but all political laws
including the constitution are suspended, except the law on treason.

3he law on treason is not suspended. What the true sovereign requires is passive
allegiance during the belligerent occupation. 3he subjects are not required to make
active resistance but merely passive resistance.
One of the facets of sovereignty: G,G- :
Practical Reason: 3here is no right against the authority that creates the laws on which
the right depends.
Remember the following principles: Gnherent in the state as the facet of sovereignty but
nonetheless the 1987 contains a statement to that effect under article 16.
%P ag e
3he doctrine applies not only against the Philippines but also against other states and
international community. Under the doctrine par en parem no habet imperium.
Between equals neither can exercise jurisdiction against the other.
1. President has the immunity from suit-: but only during tenure
D . !

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Estrada may be criminally prosecuted after he effectively resigned from office.
2. PGL-ambassadors, public ministers are immune from courts and administrative
tribunals.
3. Officers of the United Nations, international specialized agencies of the united
nation are immune from the jurisdiction of the courts and administrative tribunals.
/

Agency established in the Pjilippines such as the GRRG could be also immune from the
jurisdiction of Courts and other administrative tribunal. 3he NLRC cannot assume jurisdiction
over the issue of the employer-employee relationship controversy because ÑEAFDEC has been
established by virtue of the international agreement entered into by the Ñoutheast Asian
countries including the Philippines.
1. Gf you file a case against the Republic of the Philippines, it is a case against the state.
2. Gf you sue a public officer, are you suing the state?
Rule:
a. Gf the public officer is sued on account of his official functions and duties as
public officer, the case is against the state;
b. Gf the public officer is sued in his Official capacity however, there is an
allegation of bad faith, malice, gross negligence, or where it is an allegation
that the public officer has committed an ultrvires act, the public officer is
being sued in his personal capacity.

GG
Ñuit against the public officers in his personal capacity
1. Public Officer refuses to perform an act which he is bound to perform,
you file mandamus;
2. Gf he performs an act which is not within his function-file prohibition with
prayer for injunction-performing an ultra vires acts;
3. When the case is filed for refund of a tax wherein an amount has already
been allocated. Because the state has already given its consent by
allocating an amount for that purpose;
4. Gf a case is filed against a public officer on the ground that he violated the
law;
5. Gf the public officer himself is made a party based on his personal act,
wherein the government is not required to make an act.
0G

3he permit of the blind masseurs in Luneta was not renewed. 3hey
alleged that there is bad faith on the part of the Government Officer
concerned. 3he case is personal to the Public Officer.
c$ P a g e
3. When a suit is filed against a government agency, the suit is against the Ñtate. But if the
Government agency is an incorporated agency, the agency has a juridical personality
separate from the GRP. 3hey are created by a specific charter like ÑÑÑ, GÑGÑ, National
Ports Authority, Davao City Water District, DBP. 3hey have a law passed by Congress.
Organizations created as subsidiaries of existing government agencies, which were
created by virtue of articles of incorporation filed with the ÑEC. 3here is no need for
consent.
4. Local Government Units-3hey are corporate entities, they have their charter. 3hey are
created by law, except Barangays, the latter may be created by law or by ordinance
created by the Ñanguniangpanlalawigan and ÑanguniangPanlungsod. Government
Government Unit can always be sued. But they may not be held liable. Ñection22 of the
Local Government Code which contains consent. Gt provides that the LGUÑ may be sued
and may sue.
5. Unincorporated agencies, DECÑ, DAR, DPWH,-suit against the state because they do not
have separate and distinct personality from the Government.

Ñupreme Court found that there is an existing law that was passed by the
legislature which provides that DOAgriculture may be sued based on contract service. Gf
the agency is performing governmental function, it could not be sued without its
consent. GF the unincorporated agency perfoms proprietary functions, it could be sued
because it deemed to descend to ordinary individuals. 3here is implied consent in
entering into transactions with private individuals.
Procedure: When a case is filed againt the Ñtate: it must be alleged that the Ñtate has given its
consent to be sued. Because a suit against the state is in derogation of sovereignty. 3hus, must
be construed strictissimijuris.
- 0 1 GG
1
1. Express: Consent must be given by congress by virtue of a law, whether special or
general. Even the president cannot give its consent neither are the secretaries of the
Departments.
Even if the lawyers made admissions in the answer making allegations
that may give rise to judgment on the pleadings or summary judgment, the suing
party cannot take advantage of the same.
2. General law-Commonwealth Act 327, which has been amended by many laws-before
money claim may be filed in Court, the same must be filed before the COA. Reason-3he
DBM might already approve the claim. Gf the COA denied the claim or when the claim
was not acted within a reasonable time, a case in court may be filed. But: Gf the claim is
based on non-payment of just compensation, the case may directly be filed in Court.
cc P a g e

" &
terated in a lot of cases. Gf the claim is based on eminent domain, there is no need to
pass with the commission on audit. 3he state cannot use immunity against suit to
perpetrate injustice.
"
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3he city of Caloocan has already appropriated the money. Hence it was right for the
employee who has a monetary claim to go to the bank and garnish the money of the
LGU in the Bank.
GG
1. By filing or initiating a case : Gf the intervention is made only for the purpose of
invoking the immunity of state from suit, the same is not implied consent.
2. But if it prays for an affirmative relief, then it is an implied consent;
3. When the government entered into a commercial contract:
Does the government impliedly gave its consent when it gave its consent when it enters
into a contract? No. depends on the contract. Gf it is a proprietary, business, commercial,
the state may be sued. But if involves governmental function, no.
,
2
Repairs of wharf in subic. 3he same is a contract in the exercise of Governmental

function. Wharves are necessary for the national defense, hence, Governmental. Jure
imperii-governmental, Jus getionis-proprietary.
& GG G
Contract of service on electrical, airconditioning, water heater, of the Gndonesian

embassy. 3he contract has do with the maintenance of diplomatic mission in the
Philippines. Governmental-the embassy or ambassador of Gndonesia or administrator
representing the Government of Gndonesia cannot be sued.
, 3,G
Operation of barber shop inside the us embassy-Jus Getionis
,
!
Operation of restaurant inside john hay-Jus gestionis
&"
cÔ P a g e
1. Even if the state has been found liable, in the execution there is a need for another
consent. Money judgmentʹArt. 6 of the constitution-no funds shall be released from
the treasury except by virtue of a valid appropriation law. Consent may be given only
by virtue of law. But if there is an appropriated amount, there is no need for another
law.
2. Gncorporated agencies-they have distinct personalities-no need for appropriation.

3he supreme court held that: Gf in the charter of incorporated agencies, it has a
provision that they could sue and be sued, the same is a consent both for to be sued
as well as for execution.
3. Gn the case of Local Government Units-Article 22 of the Local Government Unit have
the capacity to sue and to be sued.
Gf you have a money judgment against the LGU͛s, can you garnish the funds
of the Local Government deposited with the Landbank?no.. Even if LGU͛s are
incorporated government agencies whose charter provides that they may sue
and be sued, the funds thereof are public funds, which could not be released
except by virtue of an ordinance passed by the sangunian. Art 22 of the LGU is a
consent that the state may be sued the same is not a consent to be held liable.
3here must be sangunian ordinance to that effect.
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File a case of Mandamus to compel the sangunian to pass the
appropriate ordinance.
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3AXA3GON and POLGCE POWER may only be exercised by the Government, whereas the power
of eminent domain may be exercised by private entities exercising public function, e.g. National
Power Corporation.
3axation and Eminent Domain involve property while police power may involve right to life and
liberty.
Property affected in 3axation and Eminent Domain-Wholesome property, Police Power-

unwholesome property which may have to be condemned.
Compensation- 3axation derives compensation from basic services rendered by the

government through the use of money derived from the same. Eminent Domain-Money paid to
the property owner as just compensation. Police Power-the intangible altruistic feeling that he
has contributed to the public good.
G £
c) P a g e
Police power is the most pervasive of all the inherent powers of the government, the least
limitable. Gt is the power to promote public welfare. Gt may even use eminent domain as an
instrument to attain public good.
3he comprehensive agrarian reform is an exercise of police power through the use of eminent
domain to as an instrument to achieve police objective.
2

3he police power may use taxation to achieve police objective. 3he assessment on sugar
producers is the use of power of taxation to accumulate funds in order to increase the fund to
lobby an increase of sugar quota before the UÑ congress. Hence, taxation is being used to
promote public good.
Ñection 10, article 3-Non impairment clause is subordinate to the valid exercise of Police Power.

! 2
! ! * ! 6
&.

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2

Right to bear arms is not a constitutional right, but a statutory right, which is subject to the
general police power of the state. Gn Philippine setting there is no right to bear arms unlike in
the UÑ where the UÑ constitution allows the bearing of arms of UÑ citizens, assuming that it
were in the Philippines, there is no gainsaying that this right is Ñ3GLL subject to the dominant
Police power of the state.
PNB VÑ. Office of the President
Police legislation may be given retroactive effect.
What to remember in Police Power.
May be exercised only by the CONGREÑÑ through a passage of a law but may be delegated to
the Local Government Units, in fact it has delegated the same to the LGU͛Ñ under sec. 16 of the
Local Governement Code.
Gt may also be delegated to the administrative bodies;
When granted to local government units exercise the same through ordinances;
When delegated to administrative bodies, it is exercised through administrative circulars and

issuances.
c# P a g e
GF EXERCGÑED BY CONGREÑÑ; the limitations are:
1. Lawful Ñubject-it must be clear that the subject matter of the police legislation
promotes the general welfare.
2. Lawful Means-means is necessary for the accomplishment of the purpose.
Gn the exercise of Police Power of the LGU͛s: there are 5 provisions in the LGC granting Police
Power. Most comprehensive is Ñec. 16 which is known as general welfare clause..
Requirements:
1. 3here must be a grant by congress

2. Effective only within the territory of the LGU-except in the exercise of police power in
the protection of water supply when the water supply is found outside the territory of
the LGu concerned.
3. Ñolgen vs. MMDA and City of Manila vs. judge Carpio-ÑC enumerated requisites
a. 3he ordinance must not contravene the Constitution or any existing statutes;
b. Gt must not be oppressive
c. Gt must not be partial or discriminatory;
d. Gt must not be unreasonable
e. Gt must not prohibit but may regulate trade
f. Gt must be of general application and consistent with public policy;
2 important-to always remember par.a and b.
1. Local Government established red-light district to promote morals and public
health-Non valid because prostitution violates the Revised Penal Code.
e.Gt must not prohibit but may regulate trade- Principle to remember- if an
undertaking is allowed by law, the same could not be prohibited by LGU, it can
only regulate.
Ex. Cockfighting is generally allowed-LGU cannot prohibit the

same, but it can regulate it.
,

o nightclub shall be allowed in bucaue-Gnvalid. Establishment of nightclub is

allowed by law, it is a normal business undertaking, therefore, it could not be
prohibited but can be regulated.
f.Gt must be of general application
G
1. MMDA is not a local government unit, it cannot invoke Ñection 16 of the LGC, it cannot
pass ordinances
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2. Concerning the confiscation of licenses and plate numbers- ÑC said MMDA by its charter
cannot do so, it can only enforce laws on traffic as well as the ordinances relative to
traffic regulations passed by the cities in metro Manila.
3. Gf there is such a law or ordinance passed by cities in Metro Manila to the effect that the
MMDA may confiscate licenses and plate number, then the MMDA may implement the
same.
Gn case of administrative agencies, to exercise police power:
1. 3here must be a law authorizing the exercise of the same;

2. Gt must be issued within the purview of the law;
3. 3he rule must be reasonable
LOBANCO vs. COUR3 OF APPEALÑ
REÑOLU3GON PAÑÑED by PRC, board of accountancy prohibiting review

schools from conducting special reviews and distributing handouts in CPA
and reviewees in licensure exam from attending special review lecturesand
receiving handouts. 3he same is unreasonable.
4. Publication in the official gazette. Provisions of administrative code requiring

the filing of the copy of the administrative code or rules with the up law
center and national administrative register.
5. 3he law itself must provide for punishment.
Eminent domain:
Gs there a law auhorizing the local government units to exercise eminent domain?
Yes. Under the Local Governement Code
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Political Law Lecture For Mock Bar-2010

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Political Law Lecture For Mock Bar-2010

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3hree schools of thought vis-à-vis all other divisions of the Government

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3.Earliest possible time

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