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San Beda College of Law 1 MEMORY AID IN POLITICAL LAW

CONSTITUTIONAL LAW IN GENERAL CONSTITUTION - the document which serves as the fundamental law of the state. (V. Sinco, Philippine Political Law, 11th ed., p.6870); that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Malcolm, Philippine Constitutional Law, p.6) Classification: 1. written (conventional or enacted) v. unwritten (cumulative or evolved). 2. rigid v. flexible The Philippine Constitution is written and rigid. (Art. XVII) The 1987 Constitution took effect on February 2, 1987, the date of the plebiscite for its ratification and not on the date its ratification was proclaimed. (De Leon v. Esguerra, 153 SCRA 602) Interpretation: a doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed (Civil Liberties Union v. Executive Secretary, 194 SCRA 317). In case of doubt, the provisions should be considered self-executing; mandatory rather directory; and prospective rather than retroactive (Nachura, Reviewer in Political Law, p.3) CONSTITUTIONAL LAW - designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases (Sinco, supra, p.67)

STATE - A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience; a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law. (CIR v. Campos Rueda, 42 SCRA 23). Elements: People – inhabitants of the State, the number of which is capable for selfsufficiency and self-defense; of both sexes for perpetuity. Different meanings of the word people: -People as inhabitants (Sec.1, Art.XIII; Secs.15 -16, Art. II; Sec.2, Art.III); -People as citizens (Preamble; Secs. 1 and 4, Art. II; Sec.7, Art. III); -People as electors (Sec.4, Art. VII; Sec.2, Art. XVI; Sec. 25, Art. XVIII). Territory – fixed portion of the surface of the earth inhabited by the people of the State; see Art I. Sovereignty – supreme and uncontrollable power inherent in a State by which that State is governed; Characteristics: a. permanent b. exclusive c. comprehensive d. absolute e. indivisible f. inalienable g. imprescriptible Theory of Auto-Limitation - any state may by its consent, express or implied, submit to a restriction of its sovereign

POLITICAL LAW COMMITTEE  CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro, Joy Zabala

2005 CENTRALIZED BAR OPERATIONS

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rights. There may thus be a curtailment of what otherwise is a power plenary in character. (Reagan v. CIR, G.R. No. L26379. Dec. 27, 1969).

Extraterritorial – authority over persons, things or acts, outside its territorial limits by reason of their effects to its territory.

Imperium - the state’s authority to govern embraced in the concept of sovereignty; includes passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion.

Government – that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. (US v. Dorr, 2 Phil. 332).

Dominium - capacity of the state to own or acquire property. (Lee Hong Hok v. David, 48 SCRA 372) Effect of Belligerent Occupation No change in sovereignty. However, political laws, except those of treason, are suspended; municipal laws remain in force unless changed by the belligerent occupant. principle of jus postliminium – At the end of the occupation, political laws are automatically revived. (Peralta v. Director of Prisons, 75 Phil. 285) Effect of Change of Sovereignty – The political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. Municipals laws remain in force. (Macariola v. Asuncion, 114 SCRA 77) Jurisdiction – manifestation of sovereignty Territorial – authority to have all persons and things within its territorial limits to be completely subject to its control and protection. Personal - authority over its nationals, their persons, property, and acts, whether within or outside its territory.

Government of the Republic of the Philippines – is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms which political authority is made effective, whether pertaining to the autonomous regions, the provincial, city or barangay subdivisions or other forms of local government. [Sec. 2(1), E.O. 292 or the Administrative Code of 1987] Classification: De jure – has a rightful title but no power or control, either, because same has been withdrawn from it or because same has not yet actually entered into the exercise thereof. De facto – actually exercises power or control but without legal title (Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986). De facto proper – government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; Government of paramount force – established and maintained by military forces who invade and

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law 3 MEMORY AID IN POLITICAL LAW occupy a territory of the enemy in the course of war; and Independent government – established by the inhabitants of the country who rise in insurrection against the parent state (Ko Kim Cham v. Valdez Tan Keh, 75 Phil. 113). Functions: constituent – compulsory because constitutive of the very bonds of society; ministrant – undertaken to advance general interest of society (Bacani v. NACOCO, 100 Phil. 468); merely optional. Doctrine of Parens Patriae – government as guardian of the rights of People (Government of Philippines Islands v. El Monte de Piedad, 35 SCRA 738).

FUNDAMENTAL POWERS OF THE STATE Inherent Powers of the State: I . POLICE POWER - Law of overruling necessity - power promoting public welfare by restraining and regulating the use of liberty and property. Basis: public necessity and right of State and of public to self-protection and self-preservation. Who may exercise: generally, legislature but also: the President, Administrative bodies, and Law-making bodies of LGU’s

the

Requisites (Limitations): Lawful Subject – the interests of the public in general, as distinguished from those of a particular class, require the exercise of the power;

Lawful Means – the means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals; When exercised by a delegate: express grant by law; within territorial limits – for LGUs except when exercised to protect water supply; and must not be contrary to law. II . POWER OF EMINENT DOMAIN - power of State to forcibly take private property for public use upon payment of just compensation Basis: necessity of the property for public use. Who may exercise: generally, legislature but also: the President; Law-making bodies of LGU’s; Public Corporations, and; Quasi-public Corporations.

the

Two stages: • determination of the authority of the plaintiff to exercise the power and the propriety of its exercise; and • determination of just compensation. Requisites: 1. Necessity – when exercised by: Congress – political question; Delegate – justiciable question 2. Private property – all private property capable of ownership may be expropriated, except money and choses in action ; may include services (Republic v. PLDT, 26 SCRA 620). 3. Taking: there is taking when: i. owner actually deprived or dispossessed of his property; ii. there is practical destruction or a material impairment of value of property; iii. owner is deprived of ordinary use of his property; and

POLITICAL LAW COMMITTEE  CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro, Joy Zabala

2005 CENTRALIZED BAR OPERATIONS

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iv. owner is deprived of jurisdiction, supervision and control of his property. requisites: i. expropriator must enter a private property; ii. entry must be more than a momentary period; iii. entry must be under a warrant or color of authority; iv. property must be devoted to public use or otherwise informally appropriated or injuriously affected; v. utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property (Republic v. Castelvi, 58 SCRA 336). 4. Public use - has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit; that only a few would actually benefit from the expropriation of the property foes not necessarily diminish the essence and character of public use (Manosca v. Court of Appeals, 252 SCRA 412). • Once expropriated change of public use is of no moment. It is well within the rights of the condemnor as owner to alter and decide its use so long as it still for public use. (Republic vs. C.A., G.R. No. 146587, July 2, 2002) 5. Just compensation compensation is qualified by the word just to convey that equivalent must be real, substantial, full and fair; the value of the property must be determined either as of the date of the taking of the property or the filing of the complaint, whichever came first. (Eslaban v. vda. De Onorio, G.R. No. 146062, June 28, 2001)

•

Formula: -- fair market value of the property, to which must be added the consequential damages, minus the consequential benefits, but in no case will the consequential

benefits exceed the consequential damages Fair market value – the price that maybe agreed upon by parties who are willing but are not compelled to enter into a contract of sale. − Consequential damages – consist of injuries directly caused on the residue of the private property taken by reason of expropriation 6. Due process of law – the defendant must be given an opportunity to be heard. III. POWER OF TAXATION - power by which State raises revenue to defray necessary expenses of the Government. Scope: covers persons, property, or occupation to be taxed within taxing jurisdiction Basis: power emanating from necessity (lifeblood theory) Who may exercise: generally, the legislature but also: Law-making bodies of LGU’s (Sec.5, Art. X); and The President, under Sec. 28 (2), Art. VI of the Constitution or as incident of emergency powers that Congress may grant to him under Sec. 23(2), Art. VI. Limitations on the Power of Taxation: Inherent limitations Public purpose; a. Non-delegability of power; b. Territoriality or situs of taxation; c. Exemption of government from taxation; d. International comity. Constitutional limitations a. Due process of law; b. Equal protection of law; c. Uniformity, equitability, and progressivity of taxation; d. Non-impairment of contracts; e. Non-imprisonment for nonpayment of poll tax;

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law 5 MEMORY AID IN POLITICAL LAW f.

Origin of appropriation, revenue, and tariff bills; g. Non-infringement of religious freedom; h. Delegation of legislative authority to the President to fix tariff rates, import and export quotas, tonnage and wharfage dues; i. Tax exemption of properties actually, directly and exclusively used for religious, charitable and educational purposes; j. Majority vote of all members of Congress required in case of legislative grant of tax exemptions; k. Non-impairment of the Supreme Court’s jurisdiction in tax cases; l. Tax exemption of revenues and assets of, including grants, endowments, donations, or contributions to, educational institutions. •

Any question regarding the constitutionality of a tax measure must be resolved in favor of its validity.

•

Any doubt regarding the taxability of any person under a valid law must be resolved in favor of that person and against the taxing power.

•

Any doubt as to the applicability of a tax exemption granted to a person must be resolved against the exemption.

Double Taxation – additional taxes are laid: 1. on the same subject; 2. by the same taxing jurisdiction; during the same taxing period; and 3. for the same purpose.

− Despite

lack of specific constitutional prohibition, double taxation will not be allowed if the same will result in a violation of the equal protection clause (Nachura, Reviewer in Political Law, p.38). TAX

LICENSE FEE 1. as to basis

Power of taxation – to raise revenue

Police power – to regulate

2. limitation Rate or amount to be collected unlimited provided not confiscatory.

Amount limited to cost of: (a) issuing the license and (b) necessary inspection or police surveillance.

3. object Imposed on persons or property.

Paid for privilege of doing something but privilege is revocable.

4. effect of non-payment Business or activity does not become illegal.

Business becomes illegal.

DISTINCTIONS POLITICAL LAW COMMITTEE  CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro, Joy Zabala

2005 CENTRALIZED BAR OPERATIONS

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POLICE POWER

EMINENT DOMAIN

TAXATION

1. Regulates both liberty and property

Affects only property rights

Affects only property rights

2. Exercised only by the Government

Maybe exercised by private entities

3. Public necessity and the right of the state and of the public to selfpreservation and selfprotection.

Necessity of the public for the use of private property

4. Property intended for a noxious purpose is taken and destroyed.

Property is wholesome and is devoted to public use or purpose

Property is wholesome and is devoted to public use or purpose

5. Compensa tion is the intangible, altruistic feeling that the individual has contributed to the public good

Compensati on is full and fair equivalent of the property taken

Compensatio n is the protection and public improvemen ts instituted by the government for the taxes paid

6. Contracts may be impaired.

Contracts may be impaired.

Contracts may not be impaired.

POLICE POWER

EMINENT DOMAIN

1.

Lawful subject

1.

Necessity

Exercised only by the Government

2.

Lawful means

2.

Private property;

3.

Taking; . Public use;

Public necessity

3.

When exercised by a delegate:

4.

4.

5.

Express grant by law

5.

Just compensation;

Within the territorial limits

6.

Due process of law.

Must not be contrary to law

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law 7 MEMORY AID IN POLITICAL LAW

POLITICAL LAW COMMITTEE  CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro, Joy Zabala

Article I : NATIONAL TERRITORY I. Territory of the Philippines: 1. Philippine archipelago, with all the islands and waters embraced therein; ARCHIPELAGIC DOCTRINE – integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Main purpose is to protect the territorial interests of an archipelago. (see last sentence, Art. I). 2.

all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its: • terrestrial; • fluvial; and • aerial domain; Kalayaan Isand Group a. historic right; b. effective control and occupation. (P.D. No. 1596)

3. • • • • 4.

including its: sea bed; subsoil; insular shelves; and other marine areas.

Waters: • around; • between; and • connecting - the islands of the archipelago, regardless of (i) breadth; and (ii) dimensions - form part of the internal ...