Reviewer in Political Law (1st year, AB Political Science)

Chapter 1 - Political Law is a branch of public Chapter 4 Suits against Government

Law which deals with the organization and Agencies - An incorporated agency has a
operations of the governmental organs of the charter of its own, its suability is found in its
state and defines the relations of the state with charter, if the charter says it's suable then it’s
the inhabitants of its territory. suable. An unincorporated agency has no
separate judicial personality but is merged in the
Chapter 2 Supremacy of the Constitution - general machinery of the government.
The Constitution is the basic and paramount law
to which all other laws must conform and to Chapter 4 Suability vs Liability - Waiver of
which all persons, including the highest officials immunity by the State does not mean
of the land, must defer. concession of its liability. Suability is the result
of express or implied consent of the State to be
Chapter 3 The State is a community of persons, sued. Liability is determined after hearing on
more or less numerous, permanently occupying the basis of relevant laws and established facts.
a fixed territory, and possessed of an
independent government organized for political Chapter 5 Republicanism - Basis is Section 1
ends to which the great body of inhabitants of Article of the 1987 Constitution.
render habitual obedience. A republic is a representative government, a
government run by and for the people. The
Chapter 3 The elements of the state are the essence is representation and renovation,
people (inhabitants of the state), territory (a the selection by the citizenry of a corps of public
fixed portion of the surface of the earth inhabited functionaries who derive their mandate from the
by the people), government (agency or people and act on their behalf, serving for a
instrumentality through which the will of the state limited time period only, after they are replaced
is formulated, expressed, and realized, must be or retained at the option of their principal.
independent), and sovereignty (supreme and The purpose of a republican government is
uncontrollable power inherent in a state by the promotion of the common welfare
which the state is governed). according to the will of the people
themselves.
Chapter 4 The Doctrine of State Immunity -
The state may not be sued without its consent, Chapter 5 Defense of the State - Basis is
based on the logical and practical ground that Section 4 of the 1987 Constitution.
there can be no legal right against the authority A State may take up all necessary action,
which makes the law on which the right including the use of armed force, to repel any
depends. threat to its security.

Chapter 4 Waiver of Immunity - The Doctrine Chapter 5

of State of Immunity is sometimes called the Peace and Order - Basis is Section 5 of Article
royal prerogative of dishonesty, the state II of the 1987 Constitution.
may, if it so desires, divest itself from sovereign Incorporation Clause - Basis is Section 2 of
immunity and voluntarily open itself to suit. The Article II of the 1987 Constitution
state may not be sued without its consent. Rearing of the Youth - Basis is the Section 12
and Section 13 of Article II of the 1987
Chapter 4 Forms of Consent - Express Constitution.
consent may be manifested through a general Women - Basis is Section 14 of Article II of the
law or special law. Implied consent is given 1987 Constitution.
when the State itself commences litigation or Social Justice - Bases are Sections 9, 10, 11,
when it enters into a contract. 18, and 21 of Article II of the 1987 Constitution.
 Reviewer in Political Law (1st year, AB Political Science)

Chapter 5 President does not possess the prescribed

Separation of Church and State - Basis is qualifications, the courts will have jurisdiction to
Section 6 of Article II of the 1987 Constitution. intervene. The questions involved here are
No law shall be made respecting an justicible.
establishment of religion or prohibiting the free
exercise thereof. A purely justiciable question implies a given
Rationale is “strong fences make good right, legally demandable and enforceable, an
neighbors”. act or omission violative of such right, and a
Supremacy of Civilian Authority - Basis is remedy granted, and sanctioned by law, for said
Section 3 of Article II of the 1987 Constitution. breach of right.
Local Autonomy - Basis is Section 25 of the But when the matter falls under the discretion of
1987 Constitution. another department or especially the people
Economy - Bases are Sections 19, 20, and 21 themselves, the decision reached is in the
of Article II of the 1987 Constitution. category of political question and
consequently may not be the subject of a judicial
Chapter 6 Separation of Powers - The review.
purpose is to prevent a concentration of Political Questions under the new
authority in one person or group of persons that Constitution, the new definition of judicial
might lead to an irreversible error or abuse in its power “includes the duty.. To determine whether
exercise to the detriment of our republican or not there has been a grave abuse of
institutions. discretion amounting to a lack of jurisdiction on
The principle is to secure action, forestall the part of any branch or instrumentality of
overaction, prevent despotism, and obtain government.
efficiency.
Chapter 7 Delegation of Powers - the rule is
Chapter 6 Blending of Powers - Powers are “potestas delegata non delegari potest” What
confined exclusively within one department but has been delegated cannot be delegated. The
are in fact assigned to or shared by several principle of non-delegation of power is
departments. applicable to all three major powers of the
government but is especially important in the
Chapter 6 Checks and Balances - By means case of legislative power because of the many
of which one department is allowed to resist instances when its delegation is permitted.
encroachments upon its prerogatives or to Permissable Delegation
rectify mistakes or excesses committed by other 1. Delegation of Tariff Powers to the
departments. President - Sec 28 (2), the Congress
may by law authorize the President to fix
Chapter 6 The Role of Judiciary - The correct within specified limits, and subject to
view is that when the Court mediates to allocate such limitations and restrictions as it
constitutional boundaries or invalidate acts of a may impose, tariff rates, import and
coordinate body, what is upholding is not its own export quotas, tonnage and wharfage
supremacy but the supremacy of the dues, and other duties and imposts,
Constitution. within the framework of the national
development program of the
Chapter 6 Justiciable and Political Questions Government.
If say, there is no compliance with a voting
requirement prescribed by the fundamental law,
as where a statute granting tax exemption is
enacted by less than a majority of all members
of Congress, or when an appointee of the
 Reviewer in Political Law (1st year, AB Political Science)

2. Delegation of emergency powers to Chapter 8 Legislative Department

the President - Sec. 23 (2), In times of Senate
war and other national emergency, the 1. Composition - 24 senators
Congress may by law authorize the 2. Qualifications - natural born citizen of
President, for a limited time period, and the Philippines, 35 y/o at the day of the
subject to such restriction as it may election, able to read and write,
prescribe, to exercise powers registered voter, Filipino resident for not
necessary, and proper to carry out a less than 2 years preceding the day of
declared national policy. Unless sooner the election.
withdrawn, such powers shall cease 3. Term - six years
upon the next adjournment. House of Representatives
3. Delegation to the people at large, the 1. Composition - 200 district and 50
people have expressly reserved to party-list representatives.
themselves a power decision, the 2. Qualifications - natural born citizen of
function of the legislation cannot be the Philippines, 20 y/o at the day of the
exercised by them, even to the extent of election, able to read and write, a
accepting or rejecting a law which has registered voter of the district excluding
been affirmed for their consideration. party-list rep, Filipino resident for not
A referendum is a method of submitting less than 1 year preceding the day of
an important legislative measure to a the election.
direct vote of the whole people. 3. Term - three years
A plebiscite is a device to obtain a
direct popular vote on a matter of Privilege from Arrest, parliamentary immunity
political importance, but chiefly in order from arrest excluding criminal offenses
to create some more or less permanent punishable by not more than six years
political condition. imprisonment. Immunity shall be applied while
4. Delegation to local governments, the Congress is in session.
local legislatures are more
knowledgeable than the national In the Privilege of Speech and Debate,
lawmaking body on matters of purely remarks must be made while the legislature is
local concern and are therefore in a functioning, that is, in session, and is that they
better position to enact the necessary must be made in connection with the discharge
and appropriate legislation thereon. of official duties.
5. Delegation to administrative bodies,
the power of subordinate legislation, Conflict of Interest, Section 12, all members of
administrative bodies may implement Congress, upon assumption of office, make full
the broad policies laid down in a statute disclosure of their financial and business
by filling in the details which the interests. They shall notify the House concerned
Congress may not have the opportunity of a potential conflict of interest that may rise
or competence to provide from the filing of proposed legislation of which
they are authors.

.
 Reviewer in Political Law (1st year, AB Political Science)

Incompatible and Forbidden Offices, the amended when desired. A most

incompatible office shall not be held by the important stage in the passage of the
legislator during his tenure in Congress. This is bill.
to prevent owing loyalty to another branch of 5. After approval of the bill on the second
government. What is not allowed is the reading, it is printed in its final form and
simultaneous holding of that office and seat in copies are distributed at least three days
Congress, any legislator may hold another office before 3rd and Final reading.
or employment in the government provided that 6. 3rd reading, voting on the bill.
he forfeits, as a result, his position in Congress. 7. Bill is sent to the other chamber, which
Forbidden office, any member of Congress will also undergo three readings.
may not be appointed to any office in the 8. Ratification by both chambers.
government that has been created or the 9. Submission to the President for
emoluments thereof have been increased during consideration.
his term even if he forfeits his position in 10. Signatures of the Speaker, Senate
Congress. President, and the President of the
Republic.
Chapter 8 Legislative Inquiries
Electoral Tribunals - the sole judge of all Sec.21, The Senate or the House of
contests relating to the election, returns, and Representatives or any of its respective
qualifications of members of Congress. committees may conduct inquiries in aid of
Commission on Appointments - consists of legislation in accordance with its duly published
the Senate President, 12 senators, 12 members rules of procedure. The rights of persons
of the House of Representatives, elected by appearing in or affected by such inquiries shall
each house on the basis of proportional be respected.
representation. The Power of Appropriation
Article VI, Sec. 29 (1) of the Constitution,
Chapter 9 The Powers of Congress provides that no money shall be paid out of the
Legislative Power, the power of lawmaking, the Treasury except in pursuance of an
framing and enactment of laws. Affected through appropriation by law.
the adoption of a bill, or a proposed or projected Appropriation measure may be defined as a
law, which once approved, becomes a statute. statute, the primary and specific purpose of
The statute is the written will of the legislature. which is to authorize the release of public funds
“THE POWER TO MAKE LAWS INCLUDES from the treasury.
THE POWER TO ALTER AND REPEL THEM” All appropriations should originate in the
House of Representatives.
Procedure in approval of bills
1. Bill introduction by any senator or house Automatic Re-appropriation
representative. If, by end of any fiscal year, Congress shall have
2. First reading, number and title, and failed to pass the general appropriations bill for
referral by the Senate President or the ensuing fiscal year, the general
House Speaker to the proper committee appropriations law for the preceding fiscal year
for study. shall be deemed re-enacted and shall remain in
3. Committee lever, the bill may be killed or force and effect until the general appropriations
be recommended for approval, with or bill is passed by congressed.
without amendments after public
hearings. Consolidation of bills with
same nature or purpose.
4. Second reading, the bill’s entirety is
read, scrutinized, debated upon, and
 Reviewer in Political Law (1st year, AB Political Science)

Presidential Immunity - can be claimed only

Chapter 9 upon incumbency.
The Power of Taxation
Inherent in the State and is generally vested in Chapter 11 Powers of the President
the legislature. Its exercise is, however, Appointing Power
restricted by the following rules: Although intrinsically executive and therefore
“The rule of taxation shall be uniform and pertaining mainly to the President, the
equitable. Congress shall evolve a progressive appointing power may be exercised by the
system of taxation. legislature and by the judiciary, as well as the
The Power of Concurrence Constitutional Commissions, over their own
The Constitution requires the concurrence of respective personnel.
Congress to an amnesty or treaty. An appointment may be made verbally but is
Article VII, Sec 21, “no treaty or international usually done in writing through what is called the
agreement shall be valid and effective unless commission. The commission is the written
concurred in by at least two-thirds of all evidence of an appointment.
members of the Senate”. The Removal Power
The War Powers The power of removal is lodged on the
“Sec. 23 (1), The Congress, by a vote of President, the same may be exercised by him
two-thirds of both houses in joint session only for a cause as may be provided by law and
assembled, voting separately, shall have the in accordance with the prescribed administrative
sole power to declare the existence of a state procedure.
war.” The Control Power
Referendum and Initiative “The President shall have control of all the
Referendum is the right reserved to the people executive departments, bureaus, and offices. He
to adopt or reject any act or measure which has shall ensure that the laws be faithfully executed.
been passed by a legislative body and which in Control is the power of an officer to alter or
most cases would without action on part of the modify or nullify or set aside what a subordinate
electors become law. officer had done in the performance of his duties
The initiative is defined as the power of the and to substitute the judgment of the former for
people to propose bills and laws and enact or that of the latter.
reject them at the polls, independent of the The Take-Care Clause
legislative assembly. The power to take care that the laws be faithfully
executed makes the President a dominant figure
Chapter 10 The Executive Department in the administration of the government.
Executive Power The law he is supposed to enforce includes the
Article VII, Section 1: The executive power shall Constitution itself, statutes, judicial decisions,
be vested in the President of the Philippines. administrative rules and regulations, and
Executive power is the power to enforce and municipal ordinances, as well as treaties entered
administer the laws. into by our government.
Qualifications Military Power
Sec 2. No person may be elected President Sec 18, The President shall be the commander
unless he is a natural-born citizen of the in chief of all armed forces of the Philippines and
Philippines, a registered voter, able to read and whenever it comes necessary, he may call out
write, at least 40 y/o on the day of the election, such armed forces to prevent or suppress
and a resident of the Philippines for at least 10 lawless violence, invasion, or rebellion.
years immediately preceding such election.
“Expressio unius est exclusio alterius”
Term - six years
 Reviewer in Political Law (1st year, AB Political Science)

Chapter 11 The Borrowing Power

The Pardoning Power Sec. 20, The President may contract or
Sec. 19. Except in cases of impeachment, or as guarantee foreign loans on behalf of the
otherwise provided in this Constitution, the Republic of the Philippines with the prior
President may grant reprieves, commutations, concurrence of the Monetary Board, and subject
and pardons, and remit fines and forfeitures, to such limitations as may be provided by law.
after conviction by final judgment. He shall also
have the power to grant amnesty with the The Diplomatic Power
concurrence of a majority of all members of As head of State, the President is supposed to
Congress. be the spokesman of the nation on external
Executive clemency is granted for the purpose affairs. He may deal with foreign states and
of relieving the harshness of the law or governments, extend or withhold recognition,
correcting mistakes in the administration of maintain diplomatic relations, enter into treaties,
justice. and otherwise transact the business of foreign
A pardon is an act of grace which exempts the relations.
individual on whom it is bestowed from the
punishment which the law inflicts for the crime The Budgetary Power
he has committed. Sec 22. The President shall submit to Congress
A commutation is a reduction or mitigation of within 30 days from the opening of every regular
the penalty. session, as the basis of the general
A reprieve is merely a postponement of a appropriations bill, a budget of expenditures and
sentence to a date certain, or a saty of sources of financing, including receipts from
execution. existing and proposed revenue measures.
Kinds of Pardon Congress may not increase the appropriations
An absolute pardon is one extended without recommended by the President for the operation
any strings attached, so to speak, whereas, a of the government as specified in the budget.
conditional pardon is one under which the
convict is required to comply with certain The Informing Power
requirements. A plenary pardon extinguishes Sec. 23. The President shall address the
all the penalties imposed upon the offender, Congress at the opening of its regular session.
including accessory disabilities, whereas a He may also appear before it at any other time.
partial pardon does not.

Parolee is still in the custody of the law although

no longer under confinement.
Pardonee is whose sentence is condoned,
subject to reinstatement in case of violation of
the condition that may have been attached to
the pardon.
Probation may be granted before the actual
service of the sentence.
Amnesty can be granted by the President
only with the concurrence of Congress.