General Principles Flashcards
Define 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.
Scope of Political Law
Constitutional Law I and II, Administrative Law, the Law of Public Officers, Election Law,
and the Law on Municipal Corporations
Sources of Political Law
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)
How is Political Law distinguished from Constitutional Law
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.
What is private law
Private law deals with regulation of the conduct of private individuals in relation with one
another
What is public law?
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)
Raison d’etre of the change of title from Political law to constitutional law
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.
How can our constitution be described?
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
Define Constitution
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
Classes of the constitution
Cumulative and conventional; written and unwritten; rigid and flexible
Who can change a cumulative constitution?
Legitimate authority
How can the Philippine Constitution be classified?
Written, rigid, and conventional
In the case of De leon v. Esguerra when was the 1987 constitution enacted?
Feb 2, 1987
Essentials part of the constitution
constitution of liberty, constitution of government, constitution of sovereignty
Describe Constitution of liberty
provides for the civil and political rights of citizens and the
limitations on the powers of government to secure those rights.
Describe the constitution of government
provides for the organization of government, and enumerates
the powers of the same
Describe the constitution of sovereignty
provides the manner for changing the fundamental law and
making amendments thereto
What is sovereignty
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.
Who is the legal sovereign
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
Who is the political sovereign?
The People
What Article states the provisions on sovereignty?
Article 17: Amendments or Revisions
What is an amendment?
It refers to isolated or piecemeal change in the Constitution.
What is a revision?
It is a revamp or rewriting of the whole Constitution.
What is the difference between amendment and revision?
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
How can people amend/revise the Constitution?
Through proposal and ratification
How do you propose amendments?
- By the Congress, upon a vote of three-fourths (3/4) of all its members/through the Congress
acting as a constituent assembly; or - By a constitutional convention; or
- Direct proposal by the people through initiative/people’s initiative
How do you propose revisions?
- By the Congress, upon a vote of three-fourths (3/4) of all its members/through the Congress
acting as a constituent assembly; or - 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
What differentiates the present Constitution from the previous Constitutions?
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.
If there is a two-word change in the Constitution, is it an amendment or a revision?
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)
Why is constituent assembly called as such?
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.
Differentiate constituent assembly from constitutional convention.
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.
Where would the delegates of a constitutional convention come from?
The delegates would come from each legislative district.
Who has the right/power to choose what mode to use in proposing
amendments/revisions?
Congress
What are the requirements in people’s initiative?
- Petition
- 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 - 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) - Amendment, not revision
- Once every five (5) years
- Enabling law from the Congress
- 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.)
Where do you put the full text of all the changes?
The proposed amendments in full text shall be embodied in the petition itself/attached to the
petition.
