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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Bar Operations 2008 POLITICAL LAW Bar Operations Head │ Arianne Reyes Academics Head │ Henry Aguda Ryan Balisacan Subject Head │ Andrea Patricia Lacuesta POLITICAL LAW TABLE OF CONTENTS Section 1. Constitutional Law 1 3 I. Preliminary Concepts 3 II. The S...

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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

Bar Operations 2008

POLITICAL LAW

Bar Operations Head

│ Arianne Reyes

Academics Head

│ Henry Aguda

Subject Head

│ Andrea Patricia Lacuesta

Ryan Balisacan

POLITICAL LAW

TABLE OF CONTENTS Section 1. Constitutional Law 1 I. Preliminary Concepts II. The State III. Structure and Powers of the National Government IV. The Constitutional Commissions V. National Economy and Patrimony

3 3 5 8 35 47

Section 2. Constitutional Law 2 I. Fundamental Powers of the State II. Bill of Rights III. Rights in the Criminal Administration of Justice

54 54 57 67

Section 3. Administrative Law I. Historical and Constitutional Considerations II. Control of Administrative Action III. Powers and Functions of Administrative agencies IV. Administrative Procedure V. Judicial Review of Administrative Decisions VI. Modes of Judicial Review VII. Extent of Judicial Review VIII. Enforcement of Agency Action

76 76 80 82 87 90 92 96 98

Section 4. Local Government Law I. Basic Principles II. General Powers and Attributes of LGUs III. Local Initiative and Referendum IV. Municipal Liability V. Intergovernmental Relations – National Government and LGUs VI. Local Officials VII. Local Government Units VIII. Miscellaneous and Final Provisions IX. Title II: Provisions for Implementation

99 99 104 112 113 114 115 124 125 126

Section 5. Law on Public Officers I. Public Office and Officers II. Eligibility and Qualifications III. Formation of Official Relation

128 128 131 134

Section 6. Election Law I. General Principles II. The COMELEC III. Voter Registration IV. Eligibility for Candidacy V. The Election Campaign VI. The Election VII. Counting and Canvassing Votes VIII. Contested Elections IX. Election Offenses

138 138 140 143 146 153 159 164 172 177

Section 7. Public International Law I. Concept, Nature, Definition of International Law II. Relation of International Law and Municipal Law III. Sources of International Law IV. Actors/Subjects in International Law V. Jurisdiction and Immunities VI. Imputability: Requisites of Responsibility VII. Consequences of State Responsibility VIII. Diplomatic and Consular Relations IX. The Law of the Sea X. Special Issues

180 180 180 181 185 192 195 196 197 199 200

CONSTITUTIONAL LAW 1 operative until amended, modified or repealed  Art V – Adoption of a new Constitution (Constitutional Commission)  Art VI – Holding of Elections  Art VII – Effective Date

CONSTITUTIONAL LAW 1 PRELIMINARY CONCEPTS I. INTRODUCTION: THE CONSTITUTION, CONSTITUTIONALISM AND CONSTITUTIONAL LAW

3. Adoption and Effectivity a. Art. V., Provisional Constitution ADOPTION OF A NEW CONSTITUTION

A. Political Law 1. Definition: branch of public law which deals with the organization and operation of the government organs of the state and defines the relations of the state with the inhabitants of its territory. (Sinco, Phil Political Law 1, 11th ed., 1962)

Process A Commission shall be appointed by the President to draft a new Constitution within 60 days from the date of this proclamation (Sec 1, Proclamation No. 3) New Constitution shall be presented by the Commission to the President (Sec 5, Proclamation No. 3) The President shall fix the date for the holding of a plebiscite within 60 days following its submission to the President (Sec 5, Proclamation No. 3) New Constitution shall become valid and effective upon ratification by a majority of the votes cast in such plebiscite (Sec 5, Proclamation No. 3) Composition of Commission Number: 30-50 members Requirements (Sec 1, Proclamation No 3) Natural-born citizen Of recognized probity, known for their independence, nationalism and patriotism Chosen by the President after consultation with various sectors

2. Scope of Political Law (Sinco) law of public administration - deals with the organization and management of the different branches of the government, constitutional law – deals with the guaranties of the constitution to individual rights and the limitations on governmental action administrative law – deals with the exercise of executive power in the making of rules and the decision of questions affecting private rights and the law of public corporations – deals with governmental agencies for local government or for other special purposes. B. Constitutional Law 1. Definition * As understood in American and Philippine Jurisprudence, a term used to designate the law embodied in the constitution and the legal principles growing out of the interpretation and application made by courts of the provisions of the constitution in specific cases. xxx * A distinct branch of jurisprudence dealing w/ the legal principles affecting the nature, adoption, amendment, and operation of the constitution. (Sinco 67.)

b. 1987 Constitution, Art. XVIII, sec. 27. EFFECTIVITY * This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. * Approved by the Constitutional Commission of 1986 on the twelfth day of October 1986 * Accordingly signed on the fifteenth day of October 1986 at the Plenary Hall, National Government Center, Quezon City, by the Commissioners whose signatures are hereunder affixed.

C. Constitution 1. Definition * Tanada and Fernando: "a written instrument organizing the government, distributing its powers and safeguarding the rights of the People." * Malcolm and Laurel: "the written instrument by which the fundamental powers of 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."

II. THE 1987 CONSTITUTION A. Basis of Aquino Government 1. Proclamation No. 1, 25 February 1986. * announced the Provisional Constitution * seemed to suggest that it was a revolutionary government, since it announced that the "new government was installed, through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces," referring to the EDSA revolution.

c. Proclamation No. 58, February 11, 1987 * Proclaimed the ratification of the 1987 Constitution B. CASE LAW: Lawyer’s League vs. Aquino The legitimacy of the Aquino government was being contested The Court ruled that the legitimacy of this government is a non-justiciable matter. “It is only the people of the Philippines who may be the judge of its legitimacy. Since such government is accepted by the people, it is not merely a de facto government but also a de jure government. Moreover, the community of nations has recognized its legitimacy”

2. Proclamation No. 3, March 25, 1986 * adopted the Provisional Constitution or Freedom Constitution * abrogated the legislative provisions of the 1973 Constitution, modified the provisions regarding the executive department, and totally reorganized the government. * provided for the calling of a Constitutional Commission, composed of 30 to 50 members appointed by the President within 60 days. * Contents of Provisional Constitution:  Art I – Adoption of certain provision of the 1973 Constitution as amended  Art II – on the President, Vice President and Cabinet  Government reorganization promoting economy, efficiency and the eradication of graft and corruption  Existing laws, treaties and contracts shall remain

In re: Saturnino Bermudez The petitioner is asking for a declaratory relief and to explain the ‘ambiguity’ in the proposed 1986 Constitution as to who was being referred to as President and VicePresident in Art XVIII Sec 7. The Court ruled that they do not have original jurisdiction over declaratory reliefs “There is lack of personality to sue and such petition amounts in effect to a suit against the incumbent President… it is equally elementary that incumbent Presidents are immune from suit or being brought to court during the period of their incumbency and tenure.”

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CONSTITUTIONAL LAW 1 III. CONSTITUTIONALISM AND CONSTITUTIONAL SUPREMACY: JUDICIAL REVIEW UNDER THE 1987 CONSTITUTION A.

defendant, if he is free to return to his old ways. 

2. Personal and Substantial Interest – Standing A proper party is one who has sustained, or is in imminent danger of sustaining, an injury as a result of the act complained of.  May be established by two nexuses: 1. party's status and the type of legislative act being questioned 2. status and the precise nature of the constitutional infringement.  General Rule: validity of a statute may be contested only by one who will sustain a direct injury, in consequence of its enforcement  Baker v Carr The test of standing is whether the party has alleged such a personal stake in the outcome of the controversy as to assure such concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions  People v Vera A person has standing to challenge the governmental act only if he has a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.  Exceptions:  Ople v Torres A senator has the requisite standing to bring a suit assailing the issuance or implementation of a law as a usurpation of legislative power.  Kilosbayan Inc vs Morato; Tatad v Secretary of Department of Energy A party’s standing in court is a procedural technicality which may be set aside by the Court in view of the importance of the issues involved. Thus, where the issues raised by petitioners are of paramount public interest or of transcendental importance, the Court may brush aside the procedural barrier  Ople v Torres and Pascual v The Secretary of Public Works A taxpayer may impugn the misuse of public funds

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3. Question Raised at the Earliest Opportunity General Rule:the question must be raised in the pleadings.

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4. Lis Mota Because of the doctrine of separation of powers which demands that proper respect be accorded the other branches of government, courts are loath to decide on constitutional questions as long as there is some other basis that can be used to resolve the case. It must appear conclusively that the case before the court may not be legally settled unless the constitutionality of the statute involved is determined (Sinco)

Nature of Judicial Power/Review The judicial power shall be vested in one supreme court and in such lower courts as may be established by law. (Sec 1 Art VIII) Scope:  to settle actual controversies involving rights which are legally demandable and enforceable  to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Theory of Judicial Review  Angara v Electoral Commission When the Court allocates constitutional boundaries, it neither asserts supremacy, nor annuls the acts of the legislature. It simply carries out the obligations imposed upon it by the constitution to determine conflicting claims and to establish for the parties the rights which the constitution grants to them.  Ashwander vs. Tennessee Valley Authority In the following cases, the court must refrain from passing on the issue of constitutionality or from exercising judicial review:  Friendly, non-adversary proceedings. (no vital conflict)  Anticipation of a question of constitutional law in advance of the necessity of deciding it. (premature case)  Formulation of a rule broader than is required by the precise facts to which it is applied.  Existence of other grounds upon which the case may be disposed of (not the very lis mota)  A complaint made by one who fails to show injury as to its operation. (no standing)  Instance of one who has availed himself of its benefit.  Possibility of a construction of the statute which can avoid the resolution of the constitutional question.

B. Requisites for the Exercise of Judicial Review Conditions for exercise of judicial review: 1. Appropriate case 2. Personal and substantial interest 3. Question raised at the earliest opportunity 4. Lis mota of the case 5. Violates the constitution clearly, plainly and palpably 

1. Appropriate Case - Actual Case or Controversy  conflict of legal rights or an assertion of opposite legal claims susceptible of judicial determination (Nachura) The court must resolve constitutional issues only when they come to it at the right time (ripeness).  Gonzales vs. COMELEC “The exceptional character of the situation that confronts this Court, the paramount public interest, and the undeniable necessity for a ruling, the national elections being barely six months away, reinforce this stand. It would appear undeniable, therefore, that before this Court is an appropriate invocation of this Court's jurisdiction to prevent the enforcement of an alleged unconstitutional statute. The Court is left with no choice. Then, it must act on the matter.”  Mootness. A case becomes moot when there are facts, injuries and heated arguments but for some reason the legal problem has become stale. When a case is moot and academic, it ceases to be a case and controversy. Any decision reached by the court would not be conclusive on the parties.  Exceptions to mootness: 1) If the question is capable of repetition and evasive of review. 2) If there exits a mere possibility of collateral legal consequences if the court does not act. 3) Voluntary cessation from the wrongful act by the

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C. Functions of Judicial Review Functions: Checking Legitimating (Legitimizing) Symbolic Discussion of Functions: 1. Checking - invalidating a law or an executive act that is found to be contrary to the Constitution. 2. Legitimating (legitimizing) - upholding the validity of the law which results from a mere dismissal of a case challenging the validity of that law. Anyone who challenges the validity of a law has the burden of proof to show its invalidity. Declaring that the law is not unconstitutional is tantamount to saying that the challenger has not met the burden required.  Occena v COMELEC and Mitra v COMELEC The failure of the Court in Javellana v Executive Secretary to muster the votes required to declare the 1973 Constitution as being invalidly ratified,

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CONSTITUTIONAL LAW 1 which resulted in the dismissal of the suit questioning the validity of the ratification of the Constitution, in effect legitimated the ratification. 3. Symbolic - to educate the bench and bar as to the controlling principles and concepts on matters of great public importance.  Javier v COMELEC The case was already mooted not only by the death of Evelio Javier, but also by the abolition of Batasan, the Antique seat which he and Pacificador were contesting for. And yet the SC, claiming to be "not only the highest arbiter of legal questions but also the conscience of the government," decided the case anyway "for the guidance of and as a restraint upon the future. D. Who can exercise judicial review?  All courts can exercise judicial review  Powers of the Supreme Court (Sec 5(2), Art VIII) 1. Review 2. Revise 3. Reverse, 4. Modify, or 5. Affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in all cases in which: i. Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. ii. Legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto is involved. iii. Jurisdiction of any lower court is in issue. iv. Criminal cases in which the penalty imposed is reclusion perpetua or higher. v. An error or question of law is involved. E. Political Question  An issue is a political question when it does not deal with the interpretation of a law and its application to a case, but with the very wisdom of the law itself.  Guidelines for determining whether a question is political or not (Baker v Carr): a. Textually demonstrable constitutional commitment of the issue to a political department b. Lack of judicially discoverable and manageable standards for resolving it c. Impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion d. Impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government e. An unusual need for unquestioning adherence to a political decision already made f. Potentiality of embarrassment from multifarious pronouncements by various departments on one question  Tanada v Cuenco The term "political question" connotes a question of policy: those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure.

govern. (Art 7, CC)  The effect of a declaration that a law is unconstitutional is to make the law either void or voidable.  Void: It is void if on its face, it does not enjoy any presumption of validity.  It produces no effect whatsoever, creates no right or office, it imposes no duty.  Whatever penalty was paid during the period of its operation must be remitted.  Igot v COMELEC BP 52 provides that anyone who has been charged of rebellion, etc. is prima facie presumed to be disqualified from running for a local post. On its face, it blatantly goes against the constitutional presumption of innocence.  Voidable: On its face, it enjoys the presumption of validity.  becomes inoperative only upon the judicial declaration of its invalidity  invalidation produces no retroactive effect.

THE STATE I. STATE

= a community of persons, more or less numerous, permanently occupying a fixed territory and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience.  CIR v. Campos Rueda A State is a politically organized sovereign community, independent of outside control, bound by ties of nationhood, legally supreme within its territory, and acting through government functioning under a regime of law.  ELEMENTS:  People --- inhabitants of the State  Territory --- fixed portion of the surface of the earth inhabited by the people of the State  Government --- agency/ instrumentality through which the will of the State is formulated, expressed, and realized  Sovereignty --- supreme and uncontrollable power inherent in a State by which that State is governed

II. COMPONENTS OF THE PHIL STATE A. TERRITORY Philippine territory consists of: the Philippine archipelago; and all territories over which the Philippines has sovereignty or jurisdiction The Archipelagic Doctrine: Bodies of water within the baseline, regardless of breadth, form part of the archipelago and are considered as internal waters.

G. Effect of a Declaration of Unconstitutionality  When the courts declare a law to be inconsistent with the constitution, the former shall be void and the latter shall

B. PEOPLE – 3 meanings 1. Inhabitants, as used in: a. “The State shall protect and promote the right to health of the people and instill health consciousness among them.”(Sec 15. Art II) b. “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” (Sec 16, Art II) c. ...