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    Political Law Reviewer-Albano

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    Georgette V. Salinas
    This document provides definitions and explanations of key concepts in political law and constitutional law: - Political law deals with the organization and operations of a state's governmental organs and defines the state's relations with inhabitants of its territory. - Constitutional law studies the balance between a state's authority and individual liberty as guaranteed by a bill of rights. - A constitution is a state's fundamental organic law that establishes governmental powers and principles and regulates the division and exercise of sovereign authority. - A constitution differs from a statute in that it establishes general principles while a statute provides details, and a constitution aims to meet long-term needs while a statute addresses existing conditions.

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    Political Law Reviewer-Albano

    Uploaded by

    Georgette V. Salinas
    8K views12 pages
    This document provides definitions and explanations of key concepts in political law and constitutional law: - Political law deals with the organization and operations of a state's governmental organs and defines the state's relations with inhabitants of its territory. - Constitutional law studies the balance between a state's authority and individual liberty as guaranteed by a bill of rights. - A constitution is a state's fundamental organic law that establishes governmental powers and principles and regulates the division and exercise of sovereign authority. - A constitution differs from a statute in that it establishes general principles while a statute provides details, and a constitution aims to meet long-term needs while a statute addresses existing conditions.

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    This document provides definitions and explanations of key concepts in political law and constitutional law: - Political law deals with the organization and operations of a state's governmental organs and defines the state's relations with inhabitants of its territory. - Constitutional law studies the balance between a state's authority and individual liberty as guaranteed by a bill of rights. - A constitution is a state's fundamental organic law that establishes governmental powers and principles and regulates the division and exercise of sovereign authority. - A constitution differs from a statute in that it establishes general principles while a statute provides details, and a constitution aims to meet long-term needs while a statute addresses existing conditions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8K views12 pages

    Political Law Reviewer-Albano

    Uploaded by

    Georgette V. Salinas
    This document provides definitions and explanations of key concepts in political law and constitutional law: - Political law deals with the organization and operations of a state's governmental organs and defines the state's relations with inhabitants of its territory. - Constitutional law studies the balance between a state's authority and individual liberty as guaranteed by a bill of rights. - A constitution is a state's fundamental organic law that establishes governmental powers and principles and regulates the division and exercise of sovereign authority. - A constitution differs from a statute in that it establishes general principles while a statute provides details, and a constitution aims to meet long-term needs while a statute addresses existing conditions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    The document discusses the definitions and concepts of political law, constitutional law, and the constitution. It also examines the elements that make up a state and a government.

    The elements of a State are: people; territory; sovereignty; and government.

    The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has acquired sovereignty or jurisdiction as determined by applicable laws.

    1

    Chapter I
    GENERAL PRINCIPLES
    Q.

    What is political law?

    ANS.

    Political law is that branch of public law which deals with


    the organization and operations of the governmental organs
    of the State and denes the relations of the State with the
    inhabitants of its territory. (Macariola vs. Asuncion, 114
    SCRA 77; People vs. Perfecto, 43 Phil. 887).

    Q.

    What is constitutional law?

    ANS.

    It is the study of the maintenance of the proper balance


    between authority as represented by the three (3) inherent
    powers of the State and liberty as guaranteed by the Bill of
    Rights.

    Q.

    What is a Constitution?

    ANS.

    A Constitution is the fundamental organic law of a State


    which contains the principles on which government is
    founded, and regulates the division and exercise of sovereign
    powers. (16 C.J.S. Note 1, p. 20). It is that body of rules and
    maxims in accordance with which the powers of sovereignty
    are habitually exercised. (Political Law, Neptali A. Gonzales,
    1966 Edition, p. 61, citing Cooley, Constitutional Limitations,
    8th Ed., p. 4).

    Q.

    Are there any distinctions between a Constitution


    and a statute?

    ANS.

    Yes. A Constitution is a legislation direct from the people;


    a statute is a legislation from the peoples representatives.
    A Constitution states general principles; a statute provides
    the details of the subject of which it treats. A Constitution
    is intended not merely to meet existing conditions; a statute
    1

    POLITICAL LAW REVIEWER

    is intended primarily to meet existing conditions only. A


    Constitution is the fundamental law of the State to which all
    other laws and statutes must conform. (Neptali A. Gonzales,
    Political Law, citing Malcolm, p. 61).
    Q.

    Is the Constitution a conferment of powers or a limitation of the same?

    ANS.

    It is both a conferment of powers and a limitation of the


    same. The Constitution allocates powers to the three (3) departments of the government. It also provides for limitations
    on the exercise of such powers, like the provisions of the Bill
    of Rights.

    Q.

    What are the essential parts of a written Constitution?

    ANS.

    They are:
    (1)

    Constitution of liberty which provides for the civil and


    political rights of citizens and the limitations on the
    powers of government to secure those rights;

    (2)

    Constitution of government which provides for the organization of government, and enumerates the powers
    of the same; and

    (3)

    Constitution of sovereignty which provides the manner


    of changing the fundamental law as making amendments thereto.

    Q.

    What is meant by the statement, the Constitution is a


    social contract?

    ANS.

    The Constitution as a social contract means that it is where


    the people have surrendered their sovereign powers to the
    State for the common good. Hence, as held in Marcos vs.
    Manglapus, et al., G.R. No. 88211, September 15, 1989, lest
    the ofcers of the government exercising the powers delegated
    by the people forget and the servants of the people become
    rulers, the Constitution reminds everyone that sovereignty
    resides in the people and all government authority emanates
    from them. (Sec. 1, Art. II, 1987 Constitution).

    TITLE I GENERAL PROVISIONS

    Chapter II
    THE STATE
    Q.

    What is a State?

    ANS.

    It is a community of persons, more or less numerous,


    permanently occupying a denite portion of territory,
    independent of external control, and possessing a government
    to which a great body of inhabitants render habitual
    obedience. (Collector of Internal Revenue vs. Campos Rueda,
    42 SCRA 23).

    Q.

    What are the elements of a State?

    ANS.

    The elements of a State are: people; territory; sovereignty;


    and government.

    Q.

    How is a State distinguished from nation? From government?

    ANS.

    State is a legal or juristic concept; nation is an ethnic or


    racial concept.
    Government is merely an external manifestation of the State
    through which the will of the State is exercised.

    Q.

    What comprises the national territory of the Philippines?

    ANS.

    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, uvial and
    aerial domains, including its territorial sea, the seabed, the
    subsoil, the insular shelves, and other submarine areas. The
    waters around, between, and connecting the islands of the
    archipelago, regardless of their breadth and dimensions,
    3

    DEDICATION
    This book is dedicated to my late parents, Andres Albano and
    Guillerma Soriano and to my wife, Lilian and children Jonjon, Myla
    and Vinci (who are now all lawyers and co-authors of this book).

    Judge Ed Vincent S. Albano

    To my wife Sheila and to my precious boy Sean Vincent, this


    work is lovingly dedicated.

    Atty. Ed Vincent A. Albano Jr.

    I dedicate this work to my husband Carlo whos ever tolerable


    of me, and to our little angel Carl Vincent.

    Atty. Myla Khristabelle A. Pua

    To my family and friends who have helped me pray to hurdle


    the Bar Examinations, I offer my humble contribution to this book.

    Atty. Ed Vincent A. Albano III

    iii

    iv

    ACKNOWLEDGMENT
    The authors owe the completion of this work to the people who
    unselfishly extended their much needed help in putting this book
    together. We wish to thank them here, however unembellished it
    may be.
    Linda Joya for providing advance sheets of Supreme Court
    decisions cited in this book.
    Nova Marie M. Estabillo, my assistant in the College of Law,
    for industriously proofreading the manuscript of this book.
    Crystal G. Perez, my secretary in the law office, for tirelessly
    encoding the manuscript of this book.
    Anton A. Arciaga, our clerk in the College of Law, for diligently
    running errands during the revision of this book.

    The Authors

    vi

    PREFACE
    This book was prepared with the intention of making the subject
    easier for the students to understand the same. It is the authors
    belief that the reviewee must easily understand the complicated
    aspects of the law; hence, the simplicity of this work.
    This book contains important provisions of the law and doctrinal decisions up to 2007, designed to prepare the reviewee for the
    Bar Examinations.
    The author wishes to convey his heartfelt thanks to all his
    friends for encouraging him to write the book.

    ED VINCENT S. ALBANO

    vii

    viii

    CONTENTS
    CHAPTER I General Principles ...........................................
    CHAPTER II The State ........................................................
    CHAPTER III Immunity of the State from Suit .................
    CHAPTER IV Declaration of Principles and State Policies

    1
    3
    15
    58

    Principles .........................................................................
    State Policies ...................................................................

    58
    70

    CHAPTER V The Bill of Rights ...........................................

    84

    Due Process and Equal Protection .................................


    Equal Protection Clause .................................................
    Searches and Seizures.....................................................
    Privacy of Communications ............................................
    Freedom of Expression ....................................................
    Right to Form Associations .............................................
    Freedom of Religion.........................................................
    Liberty of Abode ..............................................................
    Habeas Corpus.................................................................
    Right to Information .......................................................
    Non-Impairment Clause .................................................
    Rights While Under Investigation..................................
    Right to Bail.....................................................................
    Rights of the Accused ......................................................
    Speedy, Impartial and Public Trial ................................
    Right to Confrontation ....................................................
    Compulsory Process ........................................................
    Trial In Absentia..............................................................
    Presumption of Innocence ...............................................
    Right to Counsel ..............................................................
    Right Against Self-Incrimination ...................................
    Involuntary Servitude .....................................................
    Excessive, Cruel or Unusual Punishment .....................
    Double Jeopardy ..............................................................
    Bill of Attainder ...............................................................

    84
    120
    137
    197
    202
    250
    254
    276
    280
    282
    286
    295
    324
    341
    346
    351
    354
    354
    356
    361
    362
    366
    367
    373
    394

    CHAPTER VI Citizenship ....................................................

    401

    ix

    CHAPTER VII Separation of Powers ..................................


    CHAPTER VIII Delegation of Powers .................................
    CHAPTER IX Legislative Department ................................
    CHAPTER X The Executive Department ............................
    CHAPTER XI Judicial Department .....................................
    CHAPTER XII Constitutional Commissions .......................

    438
    446
    462
    554
    638
    683

    The Civil Service Commission ........................................


    The Commission on Elections .........................................

    685
    697

    CHAPTER XIII Accountability of Public Officers ...............

    701

    The Sandiganbayan.........................................................
    The Ombudsman .............................................................

    711
    711

    CHAPTER XIV National Economy and Patrimony ............


    CHAPTER XV Social Justice and Human Rights ...............
    CHAPTER XVI Labor ...........................................................
    CHAPTER XVII Education, Science, Technology
    Arts, Culture and Sports.................................................
    CHAPTER XVIII The Family...............................................
    CHAPTER XIX Amendatory Provisions ..............................
    CHAPTER XX Power of Eminent Domain ..........................
    CHAPTER XXI Police Power................................................
    CHAPTER XXII Taxation ....................................................

    715
    732
    738

    ADMINISTRATIVE LAW .......................................................

    867

    CHAPTER I General Principles ...........................................


    CHAPTER II Powers and Functions of Administrative
    Agencies .........................................................................
    CHAPTER III Judicial Review of Administrative
    Actions .........................................................................

    867

    LOCAL GOVERNMENTS .......................................................

    889

    CHAPTER I General Principles ...........................................


    CHAPTER II General Powers and Attributes
    of Local Government Units .............................................
    CHAPTER III Municipal Liability .......................................
    CHAPTER IV Qualifications and Election of Elective
    Local Officials ..................................................................
    CHAPTER V Vacancies and Successions ............................
    CHAPTER VI Local Legislations .........................................
    CHAPTER VII Disciplinary Actions ....................................
    CHAPTER VIII Recall ..........................................................
    CHAPTER IX Human Resources and Development ...........

    889

    743
    753
    755
    775
    821
    852

    869
    879

    903
    921
    926
    938
    954
    960
    970
    977

    ELECTION LAWS ...................................................................

    982

    CHAPTER I General Principles ...........................................


    CHAPTER II The Commission on Elections .......................
    CHAPTER III Time of Election ............................................
    CHAPTER IV Political Parties.............................................
    CHAPTER V Candidacies and Eligibility of Candidates....
    CHAPTER VI Contributions and Prohibited Practices ......
    CHAPTER VII List of Voters ...............................................
    CHAPTER VIII Election Precincts, Polling Places
    and Board of Election Inspectors ....................................
    CHAPTER IX Official Ballots, Election Returns
    and Casting of Votes .......................................................
    CHAPTER X Counting of Votes ...........................................

    982
    985
    1000
    1006
    1008
    1022
    1032

    PUBLIC OFFICERS ................................................................

    1081

    CHAPTER I General Principles ...........................................


    CHAPTER II Liabilities of Public Officers ..........................
    CHAPTER III Rights and Privileges ...................................

    1081
    1090
    1100

    xi

    1039
    1043
    1045

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