Political Law Principles and Philippine Constitution
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Questions and Answers

What is the definition of political law?

Political law is 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.

What are the two main divisions of political law?

The two main divisions of political law are constitutional law and administrative law.

What is the purpose of a constitution?

The purpose of a constitution is to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.

What are the three main types of constitutions based on their method of creation?

<p>Rigid or flexible (A), Written or unwritten (B), Enacted or evolved (D)</p> Signup and view all the answers

What is the difference between a rigid and a flexible constitution?

<p>A rigid constitution can only be amended through a formal and usually difficult process, while a flexible constitution can be changed by ordinary legislation.</p> Signup and view all the answers

What are the three essential parts of a good written constitution?

<p>The three essential parts of a good written constitution are the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty.</p> Signup and view all the answers

What are the three principles of constitutional construction mentioned in the text?

<p>The three principles of constitutional construction are verba lexis, ratio legis et anima, and ut magis valeat quam pereat.</p> Signup and view all the answers

What is a self-executing provision of the constitution?

<p>A self-executing provision of the constitution is one that lays down a complete rule and becomes operative without the need for enabling legislation.</p> Signup and view all the answers

Section 26, Article II of the Philippine Constitution bestows a judicially enforceable right.

<p>False (B)</p> Signup and view all the answers

What was the first republican constitution in Asia?

<p>The first republican constitution in Asia was the Malolos Constitution.</p> Signup and view all the answers

What was the purpose of the Philippine Bill of 1902, the Jones Law of 1916, and the Tydings-McDuffie Law of 1934?

<p>These were organic laws that provided for the governance of the Philippines under the American regime, gradually moving towards independence.</p> Signup and view all the answers

What major changes did the 1935 Constitution bring to the Philippine government?

<p>The 1935 Constitution established the Commonwealth of the Philippines, paving the way for eventual independence.</p> Signup and view all the answers

What is the main difference between a presidential and a parliamentary government?

<p>In a presidential government, there is a separation of executive and legislative powers, while in a parliamentary government, there is a fusion of these powers with a Prime Minister accountable to Parliament.</p> Signup and view all the answers

Flashcards

Political Law

Branch of public law that deals with the organization and operation of the government, defining the relationship between the state and its inhabitants.

Constitutional Law

Study of the balance between the State's authority and individual liberty, safeguarding rights through the Bill of Rights.

Administrative Law

Branch of public law that governs the organization, competence, and actions of administrative authorities who implement laws.

Constitution

Document containing the fundamental principles, framework, and powers of a government, establishing its structure and rights of the people.

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Purpose of a Constitution

To establish a permanent framework of government, assigning powers and duties to different branches, and establishing first principles.

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Written Constitution

Constitution whose principles are contained in a single document or set of documents.

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Unwritten Constitution

Constitution based on rules found in various sources, including statutes, judicial decisions, customs, and traditions.

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Enacted (Conventional) Constitution

Constitution created deliberately through a conscious effort by a constituent body or ruler at a specific time and place.

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Evolved (Cumulative) Constitution

Constitution that emerges gradually over time through political evolution, without a specific starting point.

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Rigid Constitution

Constitution that can be amended only through a formal and usually difficult process.

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Flexible Constitution

Constitution that can be changed relatively easily through ordinary legislation.

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Broad Constitution

Constitution that covers all areas of governance, including the organization of the whole government, and applies to all persons and things within its territory.

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Brief Constitution

Constitution that focuses on basic principles, leaving implementation details to legislation, making it more adaptable to change and easier to amend.

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Definite Constitution

Constitution that uses clear language to prevent ambiguity, avoiding confusion and division among the people.

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Constitution of Liberty

Part of a Constitution outlining fundamental civil and political rights of citizens, including limitations on government powers to protect these rights.

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Constitution of Government

Part of a Constitution outlining the structure and powers of the government, including its organization, administration, and the electorate.

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Constitution of Sovereignty

Part of a Constitution specifying the process for amending the fundamental law.

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Verba Legis

Principle of constitutional interpretation that emphasizes the ordinary meaning of words used in the Constitution.

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Ratio Legis et Anima

Principle of constitutional interpretation that considers the intent of the framers.

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Ut Maais Valeat Quam Pereat

Principle of constitutional interpretation that emphasizes interpreting the Constitution as a whole.

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Self-executing Provisions

Constitutional provisions that are directly applicable and enforceable without requiring further legislation.

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Non-Self-executing Provisions

Constitutional provisions that require legislation to be implemented and enforced.

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Malolos Constitution (1898)

First republican constitution in Asia, adopted by the Philippine revolutionary government, recognizing sovereignty in the people and providing for a parliamentary government.

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Treaty of Paris (1898)

Treaty signed between Spain and the United States, ceding the Philippines to the US.

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Philippine Bill of 1902

US act establishing the framework for a civil government in the Philippines, introducing a legislative body of Filipino representatives.

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Jones Law (1916)

US act granting greater autonomy to the Philippines, providing for a bicameral legislature and defining the electorate.

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Tydings-McDuffie Act (1934)

US act granting permission for the creation of a Philippine Commonwealth with a promise of eventual independence after ten years.

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1935 Constitution

Constitution establishing the Philippine Commonwealth, laying the foundation for a democratic republic.

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1973 Constitution

Constitution introduced by President Marcos, initially adopted under martial law, shifting to a parliamentary system, and later amended to return to a presidential system.

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EDSA Revolution (1986)

Non-violent uprising that toppled the Marcos regime, paving the way for the adoption of a new Constitution.

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Freedom Constitution (1986)

Provisional Constitution adopted by President Aquino’s revolutionary government, pending the creation of a new Constitution.

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1987 Constitution

Current Constitution of the Philippines, adopted after the EDSA Revolution, emphasizing human rights, social justice, and a democratic system.

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Amendment

A change that adds, reduces, or deletes specific provisions of the Constitution without altering its fundamental principles.

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Revision

A change that significantly alters the Constitution’s basic principles, such as changing the system of government or the balance of powers.

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Judicial Review

The power of the courts to examine the validity of government actions in light of their conformity with the Constitution.

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Actual Case or Controversy

A legal dispute between parties with opposing claims, involving legally demandable and enforceable rights.

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Moot and Academic

A case that no longer presents a justiciable controversy due to subsequent events, rendering a decision irrelevant.

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Legal Standing (Locus Standi)

The right of a party to appear in court and present a case, based on a personal and substantial interest in the matter.

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Direct Injury Test

Test for legal standing requiring a party to demonstrate direct and substantial harm caused by the act complained of.

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Taxpayer Suit

Lawsuit filed by a taxpayer to challenge government actions that involve the illegal disbursement of public funds.

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Facial Challenge

A legal challenge to a statute’s validity based on its wording and potential application, even if it’s not directly applied to the challenging party.

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Overbreadth Doctrine

Legal doctrine allowing a facial challenge to a statute that overly restricts freedom of expression, even if it doesn’t directly affect the challenging party.

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Void-for-Vagueness Doctrine

Legal doctrine holding that a law is invalid if its language is unclear and leaves individuals guessing about its meaning and application.

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Doctrine of Parens Patriae

Legal doctrine allowing the government to act as a guardian of the rights of its people, especially those disadvantaged or facing hardship.

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De Jure Government

Legally constituted government recognized as having the right to govern.

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De Facto Government

Government that actually governs, even without legal recognition.

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Presidential Government

Government with separate executive and legislative branches, with power vested in a President.

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Parliamentary Government

Government where executive power is vested in a Prime Minister, who is accountable to the legislature.

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Unitary Government

Government with a single, centralized authority controlling all aspects of the state.

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Federal Government

Government with shared power between a national government and autonomous state (local) governments.

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Sovereignty

Supreme and uncontrollable power inherent in a state, governing its internal and external affairs.

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Internal Sovereignty

Supreme power within a state, governing everything within its territory.

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External Sovereignty

Freedom from external control, also known as independence.

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Study Notes

Political Law: General Principles

  • Political law governs the organization and operation of governmental bodies and the state's relationship with its citizens.
  • Key divisions include Constitutional Law, Administrative Law, Local Government Law, Law of Public Officers, and Election Law.
  • Study sources include the 1987 Constitution, previous constitutions (1973, 1935), related laws, statutes, executive orders, decrees, and court decisions, plus the US Constitution.

Philippine Constitution: Nature and Purpose

  • Constitution: A set of rules that govern how the state wields its powers, limiting and distributing them among different branches.
  • Purpose: Establishing the government's structure, assigning power/duties to the branches, and outlining fundamental principles.
  • Classification:
    • Written/Unwritten: Based on whether the principles are in one document or scattered.
    • Enacted/Evolved: Whether it's a formal creation or a series of adjustments.
    • Rigid/Flexible: Based on the difficulty of amendment.
  • Qualities of a good constitution:
    • Breadth: Comprehensive coverage addressing all aspects of governance.
    • Brevity: Short yet containing essential principles.
    • Definiteness: Clear and unambiguous language to avoid confusion.
  • Essential parts:
    • Constitution of Liberty: Defines citizen rights and limits government power.
    • Constitution of Government: Organizes the government, enumerates its powers, and details its administration.
    • Constitution of Sovereignty: Outlines methods for formally altering the fundamental law.
  • Interpretation principles:
    • Ordinary meaning (verba legis): Words are given their common meanings unless technical terms are employed.
    • Intent of framers (ratio legis et anima): Interpreting ambiguous words according to the framers' intentions.
    • Holistic view (ut magis valeat quam pereat): Interpreting the Constitution as a unified whole, avoiding contradictions.

Brief Constitutional History

  • Various constitutions have shaped the Philippines, from the Malolos Constitution to the 1987 constitution.
  • The American regime saw several organic acts (Philippine Bill, Jones Law, Tydings-McDuffie Act).
  • The 1935 Constitution led to the establishment of the Philippine Commonwealth and later, full independence.
  • The subsequent Japanese occupation and the 1973 Constitution, were also significant periods with amendments and challenges to their validity.
  • The transition to the 1987 Constitution occurred during a period of political change.

Amendment and Judicial Review

  • Amendment: Process of revising the constitution:
    • By Congress, a Constitutional Convention, or through a People's Initiative.
    • Processes vary depending on the method of proposal.
  • Judicial Review: The courts' power to assess the constitutionality of governmental actions. This is NOT a declaration of the court's superiority to the other branches.
  • Requisites for judicial review:
    • Actual case/controversy: A real dispute with adverse legal interests.
    • Proper party: Demonstrating standing or locus standi, by direct injury or public interest.
    • Constitutional question essential to the case: Avoiding unnecessary constitutional rulings.
    • Raised at the earliest opportunity.
  • Effects of declared unconstitutionality. Different schools of thought exist, orthodox and modern views.
  • Partial unconstitutionality: Conditions for invalidation of portions of laws.

Philippines as a State

  • Definition: A community of people inhabiting a defined territory, independent of external control, possessing a government.
  • Elements:
    • People: Inhabitants, citizens, electors, and who satisfy the requirement of self-sufficiency and defense.
    • Territory: Includes land, water, and airspace, often involving complex international legal principles.
    • Government: The agency formulating, expressing, and implementing the state's will, with various classifications (e.g., forms of government).
    • Sovereignty: The supreme and uncontrollable power of the State to govern, characterized by permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienability, imprescriptibility.

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Description

Explore the fundamental principles of Political Law and the intricacies of the Philippine Constitution. This quiz covers key divisions of political law, its sources, and the Constitution's nature, purpose, and classification. Test your understanding of how laws govern state power and relationships with citizens.

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