Political Law
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Political Law - Leaderboard
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| What comprises the Philippine Territory? | Article 1. 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, Fluvial 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, form part of the INTERNAL WATERS of the Philippines. |
| The court examines only the number of provisions affected and does not consider the degree of the change. | Quantitative Test |
| State the Archipelagic Doctrine | The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. |
| State the Doctrine of Constitutional Supremacy | Under this doctrine, if a law or contract VIOLATES ANY NORM OF THE CONSTITUTION, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is NULL AND VOID and without any force and effect. Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. (Manila Prince Hotel v GSIS, G.R. No. 122156, February 3, 1997) |
| What are the steps in amending/revising the Constitution? | 1. Proposal 2. Submission of the proposed amendment/Revision to the people 3. Ratification |
| What is the voting requirement to declare the existence of a state of war? | 2/3 vote of BOTH houses, in JOINT SESSION, voting SEPARATELY |
| Who may propose Amendments and revision | 1. Congress (Constitutional assemby) 2. Constitutional Convention 3. People's Initiative |
| All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of? | At least two-thirds of all the Members of the Senate. SEC 4 ART XVIII |
| What are the Constitutional provision on transparency in matters of public concern? | 1. Policy of FULL PUBLIC DISCLOSURE of GOVERNMENT TRANSACTIONS. (1987 Constitution, Art. II, Sec. 28) 2. RIGHT TO INFORMATION on matters of PUBLIC CONCERN. (1987 Constitution, Art. III, Sec. 7) 3. ACCESS to the RECORD AND BOOKS OF ACCOUNT OF THE CONGRESS. (1987 Constitution, Art. VI, Sec. 20) (2000 Bar) 4. SUBMISSION of SALN. (1987 Constitution, Art. XI, Sec. 17) 5. ACCESS TO INFORMATION on FOREIGN LOANS obtained or guaranteed by the government. (1987 Constitution, Art. XII, Sec. 21) |
| Three cities in Metro Manila passed ordinances that impose curfew on minors in their respective jurisdictions. Petitioners argue that the Curfew Ordinances are unconstitutional because they deprive parents of their natural and primary right in rearing the youth without substantive due process. Is the petitioners’ contention proper? | NO. While parents have the primary role in child-rearing, it should be stressed that "when actions concerning the child have a relation to the public welfare or the well-being of the child, the State may act to promote these legitimate interests. Thus, in cases in which harm to the physical or mental health of the child or to public safety, peace, order, or welfare is demonstrated, these legitimate state interests may override the parents' qualified right to control the upbringing of their children. |
| What is the Incorporation Clause? | The Philippines adopts the generally accepted principles of international law as PART OF THE LAW OF THE LAND No legislative action is required to make them applicable in a country. |
| What is the Doctrine of Transformation? | Rules of international law are not per se binding upon the State but MUST FIRST BE EMBODIED IN LEGISLATION enacted by the lawmaking body and so transformed into municipal law. |
| What are the characteristics of Sovereignty? | (PEAC3i) Permanent Exclusive Absolute Comprehensive 3I - Indivisible, Inalienable, Imprescriptible |
| What is the Doctrine of Auto Limitation | While sovereignty has traditionally been deemed absolute and all-encompassing on the domestic level, it is however SUBJECT TO RESTRICTIONS AND LIMITATIONS voluntarily agreed to by the Philippines, expressly or impliedly as a member of the family of nations. The sovereignty of a state therefore cannot in fact and in reality be considered absolute. Certain RESTRICTIONS enter into the picture: (1) limitations imposed by the very nature of membership in the family of nations and (2) limitations imposed by treaty stipulations. (Tañada v. Angara, G.R. No. 118295, May 2, 1997) |
| What is the Principle of Non-Intervention? | States are STRICTLY PROHIBITED FROM INTERVENING in the DOMESTIC AFFAIRS of other states, most famously in Article 2.4 of the UN Charter, which prohibits the threat or use of force against the territorial integrity or political independence of another state. It includes the concept that a state cannot intervene in a dictatorial way in the internal affairs of another state. |
| What is the Benevolent Neutrality Approach? | The “wall of separation” is meant to protect the church from the State. It believes that with respect to governmental actions, ACCOMMODATION OF RELIGION MAY BE ALLOWED, not to promote the government’s favored form of religion, but to allow individuals and groups to exercise their religion without hindrance. (Estrada v. Escritor, A.M. No. P-02- 1651, June 22, 2006) |
| What is a self executing provision? | A provision which is COMPLETE BY ITSELF and becomes OPERATIVE WITHOUT THE AID OF SUPPLEMENTARY OR ENABLING LEGISLATION |
| What is the Doctrine of Separation of Powers | Legislation belongs to the Congress Implementation to the Executive Settlement of legal controversies and adjudication of rights to the Judiciary Each department has EXCLUSIVE COGNIZANCE of and is SUPREME in matters fallng within its own constitutionally allocated sphere. Each is prevented from invading the domain of the others |
| Can the President create a public office such as Philippine Truth Commission, to investigate reported cases of graft and corruption? | No, the President has no power to create a public office. The power to create a public office is not shared by the Congress with the President/Executive. Separation of powers shall be observed. It is already settled that the President’s power of control can only mean the power of an officer to alter, modify, or set aside what a subordinate officer had done in the performance of his duties, and to substitute the judgment of the former for that of the latter\ As such, the creation by the President of a public office like the Truth Commission, without either a provision of the Constitution or a proper law enacted by Congress authorizing such creation, is not an act that the power of control includes. (Biraogo v. The Philippine Truth Commission, G.R. No. 192935, 7 December 2010, Bersamin, J. separate opinion) |
| Refers to an instance when powers are NOT CONFINED EXCLUSIVELY within one department but are assigned to or SHARED by several departments. | Principle of Blending of Powers |
| What is the Principle of Checks and Balances | Allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. |
| An appropriations law granting the legislators lump-sum funds in which they have full discretion on what project it would fund and how much the project would cost, was passed. Is such law constitutional? | No, such law is unconstitutional. The law violates the Principle of Separation of Powers when it allowed legislators to wield budget execution. It also violates the Principle of non-delegation of legislative power when it conferred unto legislators the power of appropriation by giving them discretion to fund specific projects which they themselves determine. |
| What is the doctine of State immunity | The State may not be sued without its consent. (1987 Constitution, Art. XVI, Sec. 3) |
| When is a suit considered a suit against the State? | 1. The Republic is SUED BY NAME; 2. The suit is against an UNINCORPORATED government agency performing PROPRIETY functions; and 3. The suit is on its face against a GOVERNMENT OFFICER but the case is such that ultimate liability will belong to the government. (Republic v. Sandoval, G.R. No. 84607, March 19, 1993) |
| What is the true test in determining whether a suit against a public officer is a suit against the State? | If a public officer or agency is sued and made liable, the State will have to perform an affirmative act of APPROPRIATING THE NEEDED AMOUNT to satisfy the judgment. If the State will have to do so, then, it is a suit against the State. |
| Can government funds be subject of garnishment? | General rule, Whether the money is deposited by way of general or special deposit, they remain government funds and are NOT SUBJECT TO GARNISHMENT Exception, Where a LAW OR ORDINANCE HAS BEEN ENACTED appropriating a specific amount to pay a valid government obligation, then the money can be garnished. |
| K filed an action directly in court against the government seeking payment for a parcel of land which the national government utilized for a road widening project. Can the government invoke the doctrine of non- suitability of the state? | NO. When the government expropriates property for public use without paying just compensation, it cannot invoke its immunity from suit. Otherwise, the right guaranteed in Sec. 9, Art. III of the 1987 Constitution that private property shall not be taken for public use without just compensation will be rendered nugatory. (Ministerio v. CFI, G.R. No. L-31635, August 31, 1971) |
| Who are Filipino citizens? | Sec 1, Art IV 1. those who are citizens of the Philippines at the time of the adoption of this Constitution 2. those whose fathers or mothers are citizens of the Philippines 3. those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. those who were naturalized in accordance with law |
| Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship | Natural born citizens |
| What public offices/government positions require a Filipino citizen to be a natural- born? | 1. President 2. Vice President 3. Members of the Congress 4. Justices of SC and lower collegiate courts 5. Ombudsman and his deputies 6. Members of ConComm 7. Members of the Central Monetary Authority 8. Members of the CHR |
| What are the modes of acquiring citizenship | 1. by birth - jus sanguinis (blood relatonship), jus soli (place of birth) 2. by naturalization 3. by marriage - when a foreign woman marries a Filipino husband, provided she possesses all qualifications and none of the disqualifications |
| What are the grounds of losing Philippine citizenship? | DEADMAN 1. Denaturalization/Cancellation of Certificate of Naturalization 2. Expatriation/Express Renunciation of Citizenship 3. Accepting commission in the Armed forces of a foreign country (unless 1. the Phils has a defensive/offensive pact alliance with such country or 2. the said county maintains armed forces in the Phil territory with its consent) 4. Declared by final judgement a Deserter of the armed forces of the Philippines in times of war 5. Marriage of filipino woman to a foreigner if by virtue of the laws in force in her husband's country, she acquires his nationality 6. Allegiance to foreign country upon attaining 21 years of age 7. Naturalization in a foreign country |
| What are the ways of REACQUIRING citizenship | 1. Naturalization 2. Repatriation 3. Direct act of Congress |
| What is Repatriation? | It is the RECOVERY OF THE ORIGINAL NATIONALITY. meaning, a NATURALIZED filipino who lost his citizenship will be restored to his prior status as a naturalized filipino citizen. IF he was originally a NATURAL BORN citizen, he will be restored to his former status as a natural born filipino |
| How is repatriation effected? | By 1. taking the necessary OATH OF ALLEGIANCE to the Republic of the Philippines and 2. REGISTRATION in the proper civil registry AND in the Bureau of Immigration |
| Under RA 9225, what do you mean by REACQUISITION and RETENTION? | REACQUISTION - natural-born citizens who have lost their Filipino citizenship due to naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship RETENTION - natural-born citizens of the Philippines who, after the effectivity of RA 9225, become citizens of a foreign country shall retain their Philippine citizenship |
| What are the requirements to avail the benefits of RA 9225? | 1. take OATH OF ALLEGIANCE to the Republic of the Philippines and 2. EXPLICITLY RENOUNCE their foreign citizenship IF they want to run for elective posts in the Philippines |
| This refers to the situation where a person simultaneously owes, by some positive act, loyalty to two or more States | Dual Allegiance |
| Is dual citizenship allowed? If yes, can persons with dual citizenship run for public office? | YES. The concern of the Constitutional Commission was not with dual citizens per se but with naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization The fact that a person has dual citizenship does not disqualify him from running for public office. (Cordora v. COMELEC, G.R. No. 176947, February 19, 2009) Candidates with dual citizenship can run for public office provided that upon the filing of their certificates of candidacy, they elect Philippine citizenship to terminate their status as persons with dual citizenship. (Mercado vs. Manzano, G.R. No. 135083, May 26, 1999) |
| How are FOUNDLINGS classified? | As a matter of law, foundlings are as a class, natural-born citizens. |
| Define Amendment and Revision | AMENDMENT - change by adding, deleting, or reducing without altering the basic principles involved REVISION - altering the substantial entirety/principles of the Constitution |
| What are the two test to determine whether a proposed change is an amendment or a revision? | 1. QUANTITATIVE TEST - Asks whether the proposed change is soEXTENSIVE in its provisions as to change directly the ‘substantial entirety’ of the Constitution by the deletion or alteration of numerous existing provisions. 2. QUALITATIVE TEST - Asks whether the change will accomplish such FAR REACHING CHANGES in the nature of our basic governmental plan as to amount to a revision. |
| How are amendments or revisions of the Constitution proposed? | Sec 1 and 2, Article XVII 1. By Congress, acting as CONSTITUENT ASSEMBLY upon a vote of 3⁄4 of ALL its members 2. By Congress, upon a vote of 2/3 of ALL its members (to call for a CONSTITUTIONAL COMMISSION); OR by Congress, upon a majority vote of ALL its members to submit to the Electorate the question of calling a ConCon 3. PEOPLE'S INITIATIVE - By the people, upon a petition thru a plebiscite (at least 12% of the TOTAL number of registered voters, of which every legislative district must be represented by 3% of the registered voters therein TAKE NOTE: *People's initiative - amendment only. NOT revision |
| What are the Kinds of Initiative under the Initiative and Referendum Act (RA 6735)? | 1. Initiative on the Constitution – Refers to a petition proposing amendments to the Constitution. 2. Initiative on statutes – Refers to a petition to enact a national legislation. 3. Initiative on local legislation – Refers to a petition proposing to enact a regional, provincial, municipal, city, or barangay law, resolution or ordinance. [RA 6735, Sec. 3 (a)] |
| Who may exercise legislative power? | 1. The Congress 2. Local Government Units 3. the People through initiative and referendum |
| What are the Legislative powers of Congress | 1. General plenary power (Art. VI, Sec. 1) 2. Specific power of appropriation 3. Taxation and expropriation 4. Legislative investigation 5. Question hour |
| What is the Principle of Non-Delegability? | What has been delegated cannot be delegated It is based upon the ethical principle that such delegated power constitutes not only as a right, but also as a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. A further delegation of such power, unless permitted by the sovereign power, would constitute a negation of this duty in violation of the trust reposed in the delegate. |
| What are the exception to the Principle of Non-delegability? | 1.) Delegation to the People at large 2.) Emergency powers of the President; 3.) Tariff powers of the President; 4.) Delegation to Administrative bodies power of subordinate legislation |
| What composes the Congress? | 1. Senate - 24 2. House of Representatives - a) District Representatives b) Party-list Representatives -- not more than 250 members, unless otherwise fixed by law |
| What are the qualifications of a Senator? | 1. NATURAL-BORN citizen of the Philippines; 2. At least 35 YEARS OF AGE on the day of election; 3. Able to READ AND WRITE; 4. A REGISTERED VOTER; 5. RESIDENT of the Philippines for NOT LESS THAN 2 YEARS immediately preceding the day of election. (Art. VI, Sec. 3) |
| What are the qualifications of a member of the House of Representatives? | 1. NATURAL-BORN citizen of the Philippines; 2. At least 25 YEARS OF AGE on the day of election XPN: A youth sector nominee must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Once he attains the age of thirty (30) during his term, he shall be allowed to continue in office until the expiration of his term. [RA No. 7941, Sec. 9 (2)] 3. Able to READ AND WRITE; 4. Except the party- list representatives, a REGISTERED VOTER in the district in which he shall be elected; 5. RESIDENT thereof for a period of NOT LESS THAN 1 YEAR immediately preceding the day of the election. (Art. VI, Sec. 6) |
| What are the term of a)Senator b) House of Representative | SENATOR - 6 years, which shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election. Term limit: Not more than 2 consecutive terms. HOUSE OF REPRESENTATIVE - 3 years, which shall begin, unless otherwise provided by law, at noon on the 30th day of June next following their election. Term limit: Not more than 3 consecutive terms. |
| When is a member of Congress disqualified form office? | 1. violation of term limits 2. One who has been declared by competent authority as insane or incompetent 3. One who has been sentenced by final judgment for: (SIR-18-M) a. Subversion; b. Insurrection; c. Rebellion; d. Any offense for which he has been sentenced to a penalty of not more than 18 months; or e. A crime involving Moral turpitude, unless given plenary pardon o granted amnesty (BP 881, Sec. 12). |
| How are members of the Congress expelled? | Expulsion by theE Senate with the concurrence of 2/3 of all its members. (1987 Constitution, Art. VI, Sec. 16, par. 3) |
| What are the two accepted tests to determine whether or not there is a valid delegation of legislative power? | 1. Completeness Test and 2. Sufficient Standard Test |
| What is Completeness Test? | Under the COMPLETENESS TEST, The law must be complete in all 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. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate |
| What is sufficient standard test? | Under the SUFFICIENCY OF STANDARDS TEST, the statute must not only define a fundamental legislative policy, mark its limits and boundaries, and specify the public agency to exercise the legislative power. It must also indicate the circumstances under which the legislative command is to be effected. To avoid the taint of unlawful delegation, there must be a standard, which implies at the very least that the legislature itself determines matters of principle and lays down fundamental policy |
| What is the Legislative Privilege | No member shall be questioned or held liable in aANY FORUM other than his respective Congressional body for any debate or speech in Congress or in any committee thereof. (1987 Constitution, Art. VI, Sec. 11; Pobre v. Sen. Santiago, August 25, 2009) |
| What are the Requirements for the privilege of speech and debate to operate? | 1. Remarks or comments are made while IN SESSION; and 2. Must be made in CONNECTION with the discharge of OFFICIAL DUTIES |
| What are the Prohibitions attached to a legislator during his term? | 1. Incompatible Office 2. Forbidden Office |
| May not hold any other office or employment in the Government, during his term without FORFEITING his seat | Incompatible Office |
| Automatically forfeits seat upon the member’s assumption of such other office XPN: holds other office in ex-officio capacity | Incompatible Office |
| Even if he is willing to forfeit his seat, he may not be appointed to said office Purpose: to prevent trafficking in public office. | Forbidden Office |
| What is the voting requirement for the suspension of a member of Congress | Concurrence of 2/3 of all its members |
| What are the instances when a bill becomes a law? | 1. APPROVED AND SIGNED by the PRESIDENT 2. Presidential veto OVERRIDDEN BY 2/3 VOTE of all members of both Houses 3. FAILURE OF THE PRESIDENT TO VETO the bill and to return it with his objections to the House where it originated, within 30 days after the date of receipt 4. A bill calling a SPECIAL ELECTION for President and Vice-President under Sec. 10. Art. VII becomes a law upon its approval on the third reading and final reading. |
| What is the Doctrine of Augmentation | The following may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations in accordance with Doctrine of Augmentation: President; President of the Senate; Speaker of the House of Representatives; Chief Justice of the Supreme Court; and Heads of Constitutional Commissions. (1987 Constitution, Art. VI, Sec. 25[5]; Demetria v. Alba, G.R. No. 71977, February 27, 1987 and Araullo v. Aquino III, G.R. No. 209287, July 1, 2014) Prohibitions against appropriations for sectarian benefit; and Automatic re-appropriation– If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress [1987 Constitution, Art. VI, Sec. 25(7)]. |
| May the Congress increase the budget proposal? | Congress may only reduce but not increase the budget. |
| Distinguish Question hour from legislative investigation | As to persons who may appear, in question hour, only a department head while in legislative investigation, any person as to who CONDUCTS THE INVESTIGATION, in QH, the entire body, while in LI, the committees or the entire body as to SUBJECT MATTER, in QH, matters related to the department only while in LI, any matter for the purpose of legislation |
| Who has the exclusive power to initiate all cases of impeachment? | The House of Representatives |
| When is impeachment deemed initiated? | A verified complaint is filed and referred to the Committee on Justice for action. This is the initiating step which triggers the series of steps that follow. The term “to initiate” refers to the filing of the impeachment complaint coupled with Congress’ taking initial action of said complaint. (Francisco v. House of Rep., G.R. No. 160261, Nov. 10, 2003) |
| What is then one-year bar rule? | Initiation takes place by the act of filing of the impeachment complaint and referral to the House Committee on Justice. Once an impeachment complaint has been initiated in the foregoing manner, another may not be filed against the same official within the one-year period. (Gutierrez v. HoR Committee on Justice, ibid.) |
| Can the State be sued? | Art. XVI, Sec. 3. The State may not be sued without its consent. |
| When is a suit against the State? | A suit is against the State, regardless of who is named as the defendant, if it produces adverse consequences to the PUBLIC TREASURY in terms of DISBURSEMENT of PUBLIC FUNDS and LOSS of GOVT PROPERTY. |
| When the purpose of the suit is to COMPEL an OFFICER CHARGED with the duty of making payments pursuant to an APPROPRIATION made by law in favor of the plaintiff to make such payment. SUIT AGAINST THE STATE? | NOT A SUIT AGAINST THE STATE. For in this case, the suit is not really against the State, the State having acknowledged its liability to the plaintiff through the enactment of an appropriation law. Rather, the suit is intended to compel performance of a ministerial duty |
| When the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular. SUIT AGAINST THE STATE? | NO. In Republic v Feliciano (148 SCRA 424), a suit against the government for the recovery of possession and ownership of land based on a possessory information was disallowed by the SC on the ground that a suit for the recovery of property is an action "in personam" which seeks to bring the State to court just like any private person who is claimed to usurp a piece of property. What the plaintiff should have done, the Court continued, was to apply for a judicial confirmation of imperfect title under Sec. 48(b) of CA 141, which is an "action in rem", i.e., one directed against the whole world, and not the government in particular. |
| Rationale of non-suability of the State | There can be no legal right as against the authority that makes the law on which the right depends |
| Can a foreign state invoke immunity from suit in the Philippines? | Yes. The doctrine of sovereign immunity from suit may be invoked by any foreign state when it is sued in the country just as the Philippines may invoke sovereign immunity from suit filed in a foreign country, and except when it waives it, the suit will fail (The Holy See v. Rosario Jr., 228 SCRA 524 [1994]). |
| How is express consent made? | Express consent may be made through a GENERAL LAW or a SPECIAL LAW |
| How is implied consent made? | Implied consent arises when the State itself COMMENCES litigation, thus opening itself to a counterclaim, or when it ENTERS into a CONTRACT in its PROPRIETARY CAPACITY but not in its sovereign or governmental capacity |
| Instances where a suit is considered against the state | A. When the REPUBLIC is sued by NAME; ́b. When the suit is against an UNINCORPORATED GOVT AGENCY; ́c. When the suit is on its face against a GOVT OFFICER but the case is such that ultimate LIABILITY will belong not to the officer but to the GOVERNMENT. In all the above instances, suability depends on whether the State has consented to be sued (Bernas, The 1987Philippine Constitution: AComprehensive Reviewer, 2011 Ed., p.530). |
| If a government agency was vested by law with a juridical personality separate and distinct from that of the State. CAN IT BE SUED? | YES A suit against it will not amount to a suit against the State, since it has a separate juridical personality. |
| Where a public officer has committed an ultra vires act, or where there is a showing of bad faith, malice or gross negligence, the officer can be ___? | Held personally accountable, even if such acts are claimed to have been performed in connection with the official duties (Wylie v. Rarang, 209 SCRA 357) |
| Is the Rule that the State may not be sued at all, Absolute? | No. State may at times be sued. The State's consent may be given either expressly or impliedly. |
| What is the Restrictive Doctrine of State Immunity from Suit? | The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. |
| The elements of a state are | Territory People Sovereignty Government |