OUTLINE REVIEWER IN POLITICAL LAW 2014 Antonio E.B. Nachura OUTLINE REVIEWER in POLITICAL LAW : by Antonio Eduardo B. Nachura 2014 Philippine Copyright 2014 All Rights Reserved Any copy of this book without the corresponding number and signature of the author on this page either proceeds from an illegitimate source or is in the possession of one who has no authority to dispose of the same. -*V ANTONIO EDUARDO B. NACHURA 9225 No. Printed by VJ GRAPHIC ARTS, INC. 2/F PDP Bldg., 1400 Quezon Avenue Quezon City, Metro Manila Philippines TABLE OF CONTENTS CONSTITUTIONAL LAW 1. General Principles 1 II. The Philippine Constitution 2 III. The Philippines as a State 31 IV. The Fundamental Powers of the State 47 V. Principles and State Policies 73 VI. Bill of Rights 91 VII. Citizenship 232 VIII. The Legislative Department 251 IX. The Executive Department 281 X. The Judicial Department 309 XI. Constitutional Commissions 325 XII. Local Government 367 XIII. Accountability of Public Officers 367 XIV. National Economy and Patrimony 379 XV. Social Justice and Human Rights 392 XVI. Education, Science and Technology Arts, Culture and Sports 396 XVII. The Family 403 XVIII. General Provisions 403 XIX. Transitory Provisions 405 ADMINISTRATIVE LAW i. General Principles 413 II. Powers of Administrative Bodies 415 in. Exhaustion of Administrative Remedies 429 IV. Judicial Review of Administrative Decisions 438 LAW OFPUBLIC OFFICERS i. General Principles 445 II. Eligibility and Qualifications 447 in. De Facto Officers 451 IV. Commencement of Official Relations 454 V. Powers and Duties of Public Officers 471 VI. Liability o Public Officers 476 VII. Rights of Public Officers 479 VIII. Termination of Official Relationship 487 ELECTION LAW I. General Principles 513 II. Commission on Elections 515 III. Voters: Qualification and Registration 515 IV. Political Parties 521 V. Candidates; Certificates of Candidacy 524 VI. Campaign; Election Propaganda; Contributions and Expenses 534 VII. Board of Election Inspectors; Watchers 537 VIII. Casting of Votes 539 IX. Counting of Votes 540 X. Canvass and Proclamation 544 XI. Pre-Proclamation Controversy 549 XII. Election Contests 559 XIII. Election Offenses 570 LOCAL GOVERNMENT I. General Principles 575 II. General Powers and Attributes of Local Government Units 586 III. Municipal Liability 605 IV. Local Officials 610 V. Inter-Governmental Relations 628 VI. Local Initiative and Referendum 632 VII. Local Government Units 635 PUBLIC INTERNATIONAL LAW I. General Principles 641 II. Subjects of International Law 646 III. Fundamental Rights of States 658 IV. Right to Territorial Integrity andJurisdiction 662 V. Right to Legation 675 VI. Treaties 682 VII. Nationality and Statelessness 689 VIII. Treatment of Aliens 692 IX. Settlement of Disputes 699 X. War and Neutrality 702 CONSTITUTIONAL LAW Constitutional Law 1 I. GENERAL PRINCIPLES A. Political Law defined. 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 [People v. Perfecto, 43 Phil. 887; Macariola v. Asuncion, 114 SCRA 77]. B. Scope/Divisions of Political Law. 1. Constitutional Law. The 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 [Cruz, Constitutional Law, 1993 ed., p. 1]. 2. Administrative Law. That branch of public law which fixes the organization of government, determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights. 3. Law on Municipal Corporations. 4. Law of Public Officers. 5. Election Laws. C. Basis of the Study. 1. 1987 Constitution 2. 1973 and 1935 Constitutions 3. Other organic laws made to apply to the Philippines, e.g., Philippine Bill of 1902, Jones Law of 1916, and Tydings-McDuffie Law of 1934. 4. Statutes, executive orders and decrees, and judicial decisions 5. U.S. Constitution. OUTLINE / REVIEWER IN POLITICAL LAW 2 Constitutional Law II. THE PHILIPPINE CONSTITUTION A. Nature of the Constitution. 1 Constitution defined. That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]. With particular reference to the Constitution of the Philippines: 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]. 2. Purpose. 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 [11 Am. Jur. 606]. 3. Classification: a) Written or unwritten. Awritten constitution is one whose precepts are embodied in one document or set of documents; while an unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles [Cruz, Constitutional Law, pp. 4-5]. b) Enacted (Conventional) or Evolved (Cumulative^. A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler; while a cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method [Cruz, ibid., p. 5]. c) Rigid or Flexible. A rigid Constitution is one that can be amended only by a formal and usually difficult process; while a flexible Constitution is one that can be changed by ordinary legislation [Cruz, ibid., p. 5]. 4. Qualities of a good written Constitution: a) Broad. Not just because it provides for the organization of the entire government and covers all persons and things within the territory of OUTLINE / REVIEWER IN POLITICAL LAW Constitutional Law 3 the State but because it must be comprehensive enough to provide for every contingency. b) Brief. It must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend. c) Definite. To prevent ambiguity in its provisions which could result in confusion and divisiveness among the people [Cruz, ibid,, pp. 5-6], 5. Essential parts of a good written Constitution: a) Constitution of Liberty. The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights, e.g., Art. III. b) Constitution of Government. The series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII and IX. 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. 6. Interpretation/Construction of the Constitution. a) In Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003, the Supreme Court made reference to the use of well- settled principles of constitutional construction, namely: First, verba leais. i. e., whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. As the Constitution is not primarily a lawyer’s document, it being essential for the rule of law to obtain that it should ever be present in the people’s consciousness, its language as much as possible should be understood in the sense they have a common use. Second, where there is ambiguity, ratio leqis et anima. The words of the Constitution should be interpreted in accordance with the intent of the framers. Thus, in Civil Liberties Union v. Executive Secretary, 194 SCRA 317, it was held that the Court in construing a Constitution should bear in mind the object sought to be accomplished and the evils sought to be prevented or remedied. A doubtful provision shall be examined in light of the history of the times and the conditions and circumstances under which the Constitution was framed. Third, ut maais valeat auam pereat. i.e., the Constitution has to be OUTLINE / REVIEWER IN POLITICAL LAW 4 Constitutional Law interpreted as a whole. In Civil Liberties Union, it was declared that sections bearing on a particular subject should be considered and interpreted together as to effectuate the whole purpose of the Constitution and one section is not to be allowed to defeat another, if by any reasonable construction, the two can be made to stand together. b) If, however, the plain meaning of the word is not found to be clear, resort to other aids is available. Again in Civil Liberties Union, supra., it was held that while it is permissible to consult the debates and proceedings of the constitutional convention in order to arrive at the reason and purpose of the resulting Constitution, resort thereto may be had only when other guides fail as said proceedings are powerless to vary the terms of the Constitution when the meaning is clear. We think it safer to construe 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. c) In case of doubt, the provisions should be considered selfexecuting; mandatory rather than directory; and prospective rather than retroactive. d) Self-executing provisions. A provision which lays down a general principle is usually not self-executing.