General Principles

Question 1

Define Political Law

Answer 1

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.

Question 2

Scope of Political Law

Answer 2

Constitutional Law I and II, Administrative Law, the Law of Public Officers, Election Law,
and the Law on Municipal Corporations

Question 3

Sources of Political Law

Answer 3

1987 Constitution, pertinent statutes,

Executive orders and decrees, judicial decisions, and current political events in which the
purposes of the law are applied (or misapplied)

Previous constitutions of the
Philippines (1935 and 1973)

Question 4

How is Political Law distinguished from Constitutional Law

Answer 4

Political Law 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. On the other hand,
Constitutional Law deals with 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.

Question 5

What is private law

Answer 5

Private law deals with regulation of the conduct of private individuals in relation with one
another

Question 6

What is public law?

Answer 6

Public law is understood as dealing with matters affecting the state, the act of state agencies,
and the protection of state interests. (e.g. Political Law, Criminal Law, Public International Law)

Question 7

Raison d’etre of the change of title from Political law to constitutional law

Answer 7

The focus of Constitutional Law is three branches of government. If political law was retained then the coverage would have been broadened to include administrative law, local government, election laws, and the bill of
rights.

Question 8

How can our constitution be described?

Answer 8

It is rigid because it can only be amended by strictly following the provisions of Article XVII.
It is written because it is embodied in a single document. It is conventional because it is formally
“struck off” at a definite time and place following a conscious effort taken by a constituent body

Question 9

Define Constitution

Answer 9

It 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

Question 10

Classes of the constitution

Answer 10

Cumulative and conventional; written and unwritten; rigid and flexible

Question 11

Who can change a cumulative constitution?

Answer 11

Legitimate authority

Question 12

How can the Philippine Constitution be classified?

Answer 12

Written, rigid, and conventional

Question 13

In the case of De leon v. Esguerra when was the 1987 constitution enacted?

Answer 13

Feb 2, 1987

Question 14

Essentials part of the constitution

Answer 14

constitution of liberty, constitution of government, constitution of sovereignty

Question 15

Describe Constitution of liberty

Answer 15

provides for the civil and political rights of citizens and the
limitations on the powers of government to secure those rights.

Question 16

Describe the constitution of government

Answer 16

provides for the organization of government, and enumerates

the powers of the same

Question 17

Describe the constitution of sovereignty

Answer 17

provides the manner for changing the fundamental law and

making amendments thereto

Question 18

What is sovereignty

Answer 18

It is the supreme and uncontrollable power inherent in a State by which that State is governed

it is the supreme, uncontrollable power, the jures summi imperri, the
absolute right to govern. It is the supreme will of the State, the power to make laws and enforce
them by all means of coercion it cares to employ.

Question 19

Who is the legal sovereign

Answer 19

Government and not merely the Congress. After the Congress enacts the law, it will be
enforced by the Executive branch. The law will then be applied by the Judiciary to settle actual
controversies. Without the Executive and Judiciary, laws promulgated by the Congress are
useless

Question 20

Who is the political sovereign?

Answer 20

The People

Question 21

What Article states the provisions on sovereignty?

Answer 21

Article 17: Amendments or Revisions

Question 22

What is an amendment?

Answer 22

It refers to isolated or piecemeal change in the Constitution.

Question 23

What is a revision?

Answer 23

It is a revamp or rewriting of the whole Constitution.

Question 24

What is the difference between amendment and revision?

Answer 24

Revision broadly implies a change that alters a basic principle in the Constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the Constitution, as when the change affects substantial provisions of the
Constitution.

Amendment broadly refers to a change that adds, reduces or deletes without altering the basic principle involved. Revision generally affects several provisions of the Constitution, while amendment generally affects only the specific provision being amended

Question 25

How can people amend/revise the Constitution?

Answer 25

Through proposal and ratification

Question 26

How do you propose amendments?

Answer 26

1. By the Congress, upon a vote of three-fourths (3/4) of all its members/through the Congress
   acting as a constituent assembly; or
2. By a constitutional convention; or
3. Direct proposal by the people through initiative/people’s initiative

Question 27

How do you propose revisions?

Answer 27

1. By the Congress, upon a vote of three-fourths (3/4) of all its members/through the Congress
   acting as a constituent assembly; or
2. By a constitutional convention which is called by two-thirds (2/3) vote of all the members
   of the Congress, or by a majority vote of all the members of the Congress in case the question of
   calling such a convention is submitted to the electorate

Question 28

What differentiates the present Constitution from the previous Constitutions?

Answer 28

The present Constitution (The 1987 Constitution of the Republic of the Philippines) includes
a provision on people’s initiative in Article XVII (Amendments or Revisions) thereof as an
attribute of constitution of sovereignty. Constitution of sovereignty is found in Art XVII of the
Constitution.

Question 29

If there is a two-word change in the Constitution, is it an amendment or a revision?

Answer 29

It depends if the entirety of the Constitution will be changed. (e.g. The entirety of the
Constitution will be changed even if there is only a two-word change in cases of amendment of
provisions about system of government/structure of government)

Question 30

Why is constituent assembly called as such?

Answer 30

The word “constituent” means citizens. The power to amend the Constitution is not inherent in the Congress. It is inherent in the people. However, by express provision of the Constitution, the people (who, in the first place, made the Constitution) gave the Congress the power to amend. Hence, the Congress is not acting in its ordinary capacity to legislate, but as people
themselves.

Question 31

Differentiate constituent assembly from constitutional convention.

Answer 31

constituent assembly is composed of the Congress while constitutional
convention is composed of delegates voted by the people from each legislative district through
an election called for that purpose.

Question 32

Where would the delegates of a constitutional convention come from?

Answer 32

The delegates would come from each legislative district.

Question 33

Who has the right/power to choose what mode to use in proposing
amendments/revisions?

Answer 33

Congress

Question 34

What are the requirements in people’s initiative?

Answer 34

1. Petition
2. Full text of the proposed amendments which must be embodied in number 1 or at least
   attached thereto and such fact of attachment is stated in the petition
3. Twelve percent (12%) of total registered voters; three percent (3%) of registered voters in
   each representative district/legislative district
   * Authentication of the signatures by the Commission on Elections (COMELEC)
4. Amendment, not revision
5. Once every five (5) years
6. Enabling law from the Congress
7. Must contain only one topic (Hodgepodge or log-rolling is not allowed. The proposed
   amendment must embrace only one topic because if it contains two topics, the people will be
   forced to accept two changes even if they do not want the other.)

Question 35

Where do you put the full text of all the changes?

Answer 35

The proposed amendments in full text shall be embodied in the petition itself/attached to the
petition.