Political Law (Outline Reviewer in Political Law by Nachura) Flashcards
II. The Philippine Constitution
A. Nature of the Constitution
6. Interpretation/Construction of the Constitution
Enumerate and discuss some of the well-known settled principles of constitutional construction, as mentioned in Francisco v. House of Representatives (G.R. No. 160261, November 10, 2003).
(1) Verba legis
Whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed.
(2) Ratio legis et anima
The words of the Constitution should be interpreted in accordance with the intent of the framers.
(3) Ut magis valeat quam pareat
The Constitution has to be interpreted as a whole.
II. The Philippine Constitution
E. The Power of Judicial Review
1. Judicial Review
What is judicial review?
Judicial review is the power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution. This is not an assertion of superiority of courts over the other departments, but merely an expression of the supremacy of the Constitution. The duty remains to assure that the supremacy of the Constitution is upheld. The power is inherent in the Judicial Department, by virtue of the doctrine of separation of powers.
II. The Philippine Constitution
E. The Power of Judicial Review
5. Requisites of Judicial Review
What are the requisites for a judicial review?
The four (4) requisites for a judicial review are:
(1) Actual case or controversy;
(2) The constitutional question must be raised by the proper party;
(3) The constitutional question must be raised at the earliest possible opportunity; and
(4) The decision on the constitutional question must be determinative of the case itself.
II. The Philippine Constitution
E. The Power of Judicial Review
7. The Operative Fact Doctrine
What is the Operative Fact Doctrine?
As a general rule, the nullification of an unconstitutional law or act carries with it the illegality of its effects. However, in cases where the nullification of its effects will result in inequity and injustice, the operative fact doctrine may apply, and the effects of the unconstitutional act will have to be recognized.
IV. Fundamental Powers of the State
C. Power of Eminent Domain
3. Requisites for Exercise
What are the requisites for the exercise of the power of eminent domain?
The six (6) requisites for the exercise of the power of eminent domain are:
(1) Necessity;
(2) Private property;
(3) Taking in the constitutional sense;
(4) Public use;
(5) Just compensation; and
(6) Due process of law.
V. Principles and State Policies
What principle(s) is(are) present in Section 1 of Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution? Recite the corresponding provision.
V. Principles and State Policies
What principle(s) is(are) present in Section 2 of Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution? Recite the corresponding provision.
V. Principles and State Policies
What principle(s) is(are) present in Section 3 of Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution? Recite the corresponding provision.
V. Principles and State Policies
What principle(s) is(are) present in Section 4 of Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution? Recite the corresponding provision.
V. Principles and State Policies
What principle(s) is(are) present in Section 5 of Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution? Recite the corresponding provision.
V. Principles and State Policies
What principle(s) is(are) present in Section 6 of Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution? Recite the corresponding provision.
V. Principles and State Policies
B. Republicanism
2. Manifestations
f. Separation of powers
[v] Role of the Judiciary
[vc] Political and justiciable questions
What is a justiciable question?
A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right.
If an act or ratification in issue is alleged to infringe the Constitution, it presents a justiciable controversy because it becomes not only the right but the duty of the judiciary to settle the dispute.
V. Principles and State Policies
B. Republicanism
2. Manifestations
f. Separation of powers
[v] Role of the Judiciary
[vc] Political and justiciable questions
What is a political question?
A political question is a question of policy. It refers to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government. It is concerned with issues depended upon the wisdom, not legality, of a particular measure.
V. Principles and State Policies
B. Republicanism
2. Manifestations
g. Delegation of powers
[iii] Tests for valid delegation
What are the tests for valid delegation of powers? Explain each.
The two (2) tests for the valid delegation of powers are:
(1) Completeness test. The law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it.
(2) Sufficient standard test. A sufficient standard is intended to map out the boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. This is intended to prevent a total transference of legislative power from the legislature to the delegate. The standard is usually indicated in the law delegating legislative power.
VI. Bill of Rights
What provision(s) is(are) present in Section 1 of Article III (Bill of rights) of the 1987 Philippine Constitution? Recite the corresponding provision.
Due process of law (Article III, Section 1)
“SECTION 1. No person shall be deprived of life, liberty, or property without due process of law…”
Equal protection of the laws (Article III, Section 1)
“… nor shall any person be denied the equal protection of the laws.”
VI. Bill of Rights
What provision(s) is(are) present in Section 2 of Article III (Bill of rights) of the 1987 Philippine Constitution? Recite the corresponding provision.
Searches and seizures (Article III, Section 2)
“SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”
