POLITICAL LAW That branch of public law which 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. Scope/Divisions of Political Law: 1. Constitutional Lawthe study of the maintenance of the proper balance between authority as represented by the three inherent powers of the state and liberty as guaranteed by the Bill of Rights. 2. Administrative Law-- That branch of public law which fixes the organization, determines the competence of administrative authorities who executes the law, and indicates to the individual remedies for the violation of his right. 3. Law on Municipal Corporations 4. Law of Public Officers 5. Elections Law Basis: 1. 1987 Constitution 2. 1973 and 1935 Constitutions 3. Organic laws made to apply to the Philippines a. Philippine Bill of 1902 . Jones Law of 1916 c. Tydings-McDuffie Law of 1934 4. Statutes, executive orders and decrees, and judicial decisions 5. US Constitution Constitution Statute legislation direct from the people; states general principles; intended not merely to meet existing conditions; it is the fundamental law of the State legislation from the peoples representative; provides the details of the subject matter of which it treats; intended primarily to meet existing conditions only; it conforms to the Constitution PHILIPPINE CONSTITUTION Constitutionit is the document which serves as the fundamental law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. 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. It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intention, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Right or wrong, the Constitution must be upheld as long as the sovereign people have not changed it. Classification:

1.Written or unwritten Written Unwritten -one whose precepts are embodied in one document or set of documents -consists of rules which have not been Constitutionit is the document which serves as the fundamental law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. 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. It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intention, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Right or wrong, the Constitution must be upheld as long as the sovereign people have not changed it. Classification: 1.Written or unwritten Written Unwritten -one whose precepts are embodied in one document or set of documents -consists of rules which have not been integrated into a single, concrete form but are scattered in various sources Examples: a. statutes of fundamental character; b.judicial decisions; c. commentaries of publicists; d. customs and traditions; e. certain common law principles Constitutionit is the document which serves as the fundamental law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. 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. It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intention, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Right or wrong, the Constitution must be upheld as long as the sovereign people have not changed it. Classification: 1.Written or unwritten Written Unwritten -one whose precepts are embodied in one document or set of documents

-consists of rules which have not been integrated into a single, concrete form but are scattered in various sources Examples: a. statutes of fundamental character; b.judicial decisions; c. commentaries of publicists; d. customs and traditions; e. certain common law principles The Philippine Constitution is written, conventional and rigid. It is embodied in one document and can be amended only by a formal and usually difficult process. Interpretation: 1.Verba Legiswhenever possible, the words used in the Constitution must be given their ordinary meaningexcept where technical terms are employed. 2.When there is Ambiguityratio legis et anima--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 vs. Executive Secretary, 194 SCRA 317) 3.Ut magis valeat quam pereatthe Constitution has to be interpreted as a whole. (Francisco vs. HR, G.R. No. 160261, November 10, 2003) If the plain meaning of the word is not found to be clear, resort to other aids is availableconstrue the Constitution from what appears upon its face. The proper interpretation, therefore, depends more on how it was understood by the people adopting it than in the framers understanding thereof. In case of doubt, the provision should be considered as self-executing; mandatory rather than directory; and prospective rather than retroactive Self-executing provisionone which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected. Essential Qualities of the Written Constitution: 1.Broad; 2.Brief; and 3.Definite. Essential parts of a good written Constitution a.Constitution of Liberty sets forth the fundamental civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights. e.g. Bill of Rights b.Constitution of Government outlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate. e.g. Legislative, Executive and Judicial Departments, Constitutional Commissions c.Constitution of Sovereignty the provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about.e.g. Art. XVII-Amendments or Revisions Effects of Declaration of Unconstitutionality: 2 Views: a. ORTHODOX VIEW a. ORTHODOX VIEW i. an unconstitutional act is not a law; ii. it confers no rights; iii. it imposes no duties;

iv. it affords no protection; v. it creates no office; vi. it is inoperative, as if it had not been passed at all. b.MODERN VIEWCourts simply refuse to recognize the law and determine the rights of the parties as if the statute had no existence. Certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized. Thus, a public officer who implemented an unconstitutional law prior to the declaration of unconstitutionality cannot be held liable(Ynot vs. IAC ). 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 lawINTENT OF THE LEGISLATIVE; and b. The valid portion can stand independently as lawINDEPENDENCE OF THE PROVISIONS. PREAMBLE The Preamble is not a source of power or right for any department of government. It sets down the origin, scope, and purpose of the Constitution. It bears witness to the fact that the Constitution is the manifestation of the sovereign will of the Filipino people. The identification of the Filipino people as the author of the constitution calls attention to an important principle: that the document is not just the work of representatives of the people but of the people themselves who put their mark approval by ratifying it in a plebiscite. 1. It does not confer rights nor impose duties. 2. Indicates authorship of the Constitution; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the Constitution. ARTICLE I NATIONAL TERRITORY The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarines areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Two (2) Parts of the National Territory: 1. The Philippine archipelago with all the islands and waters embraced therein; and 2. All other territories over which the Philippines has sovereignty or jurisdiction. Do you consider the Spratlys Group of Islands as part of Philippine Archipelago?Spratlys Group of Islands is not part of the Philippine Archipelago because it is too far away from the three main islands of the Philippines. It is found, geographically, almost in the middle of the South China Sea. It is not part of the Philippine Archipelago. Historically, when we talk about Philippine Archipelago, we refer to those islands and waters that were ceded by the Spain to the United States by virtue of Treaty of Paris in 1898. And that did not include the Spratlys Group of Islands yet. Under the treaty, the

islands that were ceded by Spain were identifiedthe main islandsLuzon, Visayas and Mindanao. Clearly, it did not include the Spratlys Group of Islands. Spratlys Group of Islands was only discovered sometime in the 1950s by a Filipino, Tomas Cloma. The latter waived his rights over the islands in favor of the Philippine Government. In effect, the government stepped into the shoes of the discoverer. By then President Marcos, what he did the moment Tomas Cloma waived his rights over the Spratlys Group of Islands, is to have the islands immediately occupied by Philippine troops. He then issued PD 1596, constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality of Kalayaan placing it under the Province of Palawan. And then he had the elections immediately held in the islands so from that time on until now, we continue to hold elections there. The Philippine exercises not only jurisdiction but also sovereignty over the Spratlys Group of Islands, yet it is not part of the Philippine Archipelago. Geographically, it is too far away from the Philippine Archipelago. On May 20, 1980, the Philippines registered its claim with the UN Secretariat. The Philippine claim to the islands is justified by reason of history, indispensable need, and effective occupation and control. Thus, in accordance with the international law, the Spratlys Group of islands is subject to the sovereignty of the Philippines. Do you consider the Spratlys group of Islands as part of our National Territory? Yes. Article I of the Constitution provides: The national territory comprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovereignty or jurisdiction, x x x. The Spratlys Group of islands falls under the second phrase and all other territories over which the Philippines has sovereignty or jurisdiction. It is part of our national territory because Philippines exercise sovereignty (through election of public officials) over Spratlys Group of Islands. What was the basis of the Philippines claim over the Spratlys? Through discovery of Tomas Cloma and occupation Modes of acquiring territories: 1.Discovery and Occupationwhich are terra nullius (land belonging to no one) Doctrine of Effective Occupationdiscovery alone is not enough. Mere discovery gives only an inchoate right to the discoverer. For title to finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the same. 2.Cession by Treaty. Examples are Treaty of Paris, treaty between France and US ceding Louisiana to the latter and treaty between Russia and US ceding Alaska to the latter; 3.Prescriptionwhich is a concept under the Civil Code. Territory may also be acquired through continuous and uninterrupted possession over a long period of time. However, in international law, there is no rule of thumb as to the length of time for acquisition of territory through prescription. In this connection, consider the

An incorporated political subdivision of a state that is composed of the citizens of a designated geographic area and which performs certain state functions on a local level and possesses such powers as are conferred upon it by the state. A municipal corporation is a city, town, village, or borough that has governmental powers. A municipality is a city, town, village, or, in some states, a borough. A corporation is an entity capable of conducting business. Cities, towns, villages, and some boroughs are called municipal corporations because they have the power to conduct business with the private sector. Generally, the authority to govern the affairs within a state rests with the state legislature, the governor, and the state judicial system. However, states give localities limited powers to govern their own areas. The origin of the municipal corporation varies from state to state. Municipal corporations are given the power to govern through either the state constitution or state statutes, or through the legislative grant of a charter.

I. INTRODUCTION The relation of law to the three separate bodies of government is a settled principle. It has been held that, "the Constitution has blocked but with deft strokes and in bold lines, allotment of power to the executive, the legislative and the judicial departments of the government." Thus, the power to make and repeal laws lie with the Legislative, the power to enforce these laws lie with the Executive and the power to settle controversies arising from the application of these laws lie with the Judiciary. But an unsettled concept is the relation of policy to the functions of these three bodies of government. When policy is indeed understood as the making of important decisions that affect the distribution of social values, then it may be posited that it is in the courts where public policy is formulated and enforced. In fact, it has been opined that the public policy role is an actual duty of the Court.

POLITICAL LAW (LA W O N PU B L I C OF REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald

F I C E R S

Public Office is the right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public. Essential elements 1. Created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law) 2. Invested with authority to exercise some portion of the sovereign power of the State 3. Powers/Functions defined by the enabling law 4. Duties are performed independently without control unless those of an inferior 5. Continuing / permanent in nature Distinctions Public Official is an officer of the Government itself, as distinguished from the officersand employees of instrumentalities of government. Officer is distinguished from an employee in the greater importance, dignity and independence of his position, being required to take an official oath, and perhaps give an official bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office.

Eligibility Eligibility is the state or quality of being legally fitted or qualified to be chosen. Qualification refer to the act which a person, before entering upon the performance of his duties is by law required to do such as the taking, and often, of subscribing and filing of an official oath, and, in some cases, the giving of an official bond.
POLITICAL LAW - PART TWO THE LAW UF PUBLIC OFFICERS AND ADMINISTRATIVE LAW Hugo E. Gutierrez, Jr.* PUBLJC OFFICERS AND CIVIL SERVICE LAW The law governing public officers and the civil service deals with t h e prosaic and closely regulated affairs of government employment. Considering the extent of public employment in t h e Philippines, it is a n important branch of law, but it continues to be the unglamorous part of political law seldom yielding earthshaking or headline-grabbing judicial pronouncements. 1968 was no exception. In the current concern and preoccupation with graft and corruption in governmenit, a Court pronouncement on the underlying philosophies of public office would have been edifying. However, the only 1968 cases dealing directly with the nature of public office involved an introductory statement in a case involving t h e constitutionality of the Anti-Graft and Corrupt Practices Ac t and a decision on the mundane issue of back salaries. I. NATURE OF PUBLIC OFFICE As a public official, the petitioner in M o r f e 2). 14utucl felt that certain provisions of the Anti-Graft and Corrupt Practices Act infringed upon his constitutional rights. In upholding the validity of t h e statute, the Court started with an obiter defining t h e nature of public office, stating that the l aw was enacted to deter public officials and emp1,oyees from committing acts of dishonesty and to improve the tone of morality in t h e public service. The court decla'red tlhe statute to b e an expression of state policy in line w i t h the principle that a public office is a public trust. It is aimed a t repressing certain acts of public officers and private persons alike which constitute graft and corrupt practices o r which may lead thereto-grave problems in the public service which unfortunately have afflicted t h e Philippines in the post-war era. Public office is not, strictly speaking, a property right nor a grant or

Latin for "at first view." Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted. A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct supporting the cause of action and thereby prevail. Below's an example dealing with employment discrimination claims.