GOVERNMENT GOVERNMENT BRANCHES

STATE - Political Concept 1. EXECUTIVE BRANCH (Most Powerful)

- has 4 elements - Enforce and Enact the law.
- Presidential Proclamations are
1. PEOPLE - persons residing inside the state not law.
- cover temporarily sojourning foreign
in a state 2. LEGISLATIVE BRANCH
- write, make, amend, create
2. GOVERNMENT - entity used by the state in and/or a repeal laws.
order to express the will of
the people. 3. JUDICIARY BRANCH
- interpret the law
3. TERRITORY - Fixed portion of the Earth where - can only correct laws by
people reside a petition raised by a person or
citizen.
4. SOVEREIGNITY - legal ability and power of a - can consider the law NULL &
state to enter a legal VOID and then send it back
relationship without due to the congress.
influence of foreign entities.

ACCORDING TO THE CONSTITUTION:

SOVERIEGN CONCEPTS  Each branches are supreme in their own
right.
 They are equal to each other.
1. MUNICIPAL LAW - Absolute
- cannot be questioned
“PRINCIPLE OF SEPARATION OF POWER”
- only absolute within
 One CANNOT interfere with another
Jurisdiction

2. INTERNATIONAL RELATIONS - Not Absolute

- bound to follow 3 INHERENT POWER OF THE
Treaty GOVERNMENT - vital power of the govt.

NATION 1. POLICE POWER - government has power to

*Can exist without a State destroy noxious or evil
property for the general
STATE welfare of the people.
*Cannot exist without a Nation - temporary taking a property
- most pervasive power of
NATION-STATE the govt.
*Modern view of politics - there is not just
*Has an emphasis to cultural tradition and compensation
elements of a state. - touch right to property
- any action of the govt. To
promote general welfare.
ARCHEPELAGIC DOCTRINE - Includes land and
water
*Baseline rule
- trace the endpoints of the
country
1
2. EMINENT DOMAIN - taking of private property RULE: FEES (look where the proceeds will be
for public use. dispersed)
- taking of private property - If the profit and proceedings is for
is permanent. educational purpose.
- With just compensation
YELLOW PAD
 Expropriation Proceeding
Computation of market value of Why do laws exist?
the property and payment is - Obligatory
needed. - Fear of Punishment
When you lose enjoyment of
your land, 6% additional for every What is a Constitution? Supreme law of the Land.
year delay. - Constitution of Liberty
- Constitution of Sovereignty
 Property - Constitution of Government
Includes land and air space
LEGISLATIVE BRANCH
 Carman Rule - Makes the law
Where the is still oxygen - Alter the law
Where life can be sustained - Repeal the law

PLENARY POWER OF THE CONGRESS

NOTE: A property that is already already public - Can make any law in any subject
use cannot be served again as another
public purpose. Is it absolute power?
NO - there are limitations that can
be passed by the congress.
3. TAXATION POWER - force contribution from
the people to raise LIMITATIONS: - Irrepealable laws
revenue for govt. - Giving power, title or royalty to
expenditures. someone
It violates the equal
2 CATEGORIES OF CONTRIBUTION protection clause of Bill of
a) Reciprocity Rights. (ART III, Sec 1)
b) Due process - Retroactive Laws
Only if it favorable to the
accused and to the convict
NOTE: If not for general welfare, its
unconstitutional.
“Life is much more important than WHAT ARE BILLS?
property.” - proposed laws of the congress
- there are many bills due to the
- “As your income rises, your contribution rises” plenary power of the congress.

 TAX AVOIDANCE - Illegal STATUTE - promulgated by the government

- Knowingly evading tax - Republic Act, Presidential Degree,
payment. Administrative Order, Executive Order.

 TAX EXEMPTION - Legal

-Laws provide that a person or
institution are exempted; school & church.
2
LAWS - generally accepted norms or rules of If there are amendments or conflict on the
conduct version of the bill of houses the creation of BCC
occur.
CONSTITUTION - it is law
- passed by the people BICAMERAL CONFERENCE COMMITTEE
- Harmonize the versions of the
C- Citizenship bill introduced by the houses.
A- Age - Duly authenticated by (Secretary,
R- Residency Proponents, Senate President,
L- Literacy Speaker of the House).

ENROLLED BILL - The harmonized bill by BCC.

JUDICIARY - can only review a law by petition
(ENROLLED BILL DOCTRINE)
*DOCTRINE OF PURPOSEFUL HESITATION - A version of the bill that is
- all acts or laws of any of the harmonized and is ready for the
instrumentality of the govt are presidents appropriate action.
presumed to constitutional.

THIRD READING - Vote

PASSAGE OF A BILL - There cannot be any
- all laws must go on 3 readings on amendments
a 3 separate days (constitutional - Can be submitted to the
requirement) president

FIRST READING - Title and Subject, Docket PRESIDENTIAL ACTIONS:

number are read in full. 1. Signature or Sign
- proposals should have versions 2. Inaction ( 30 days lapsed, the bill will
on lower and upper house automatically become a law).
3. Veto Power - allowed any reason
BILLS MUST BE FILED ORIGINATES FROM LOWER - president has a valid
HOUSE discretionary power.
1. Appropriation The bill will be sent back to the originating
2. Revenue/Tariff house.
3. Bills Authorities To override the president action 2/3 votes
4. Local Application should be attained from separate houses.
5. Private Bills

3 CONSTITUTIONAL REQUIREMENT - in the

SECRETARY (Lower/Upper house) passage of a bill
- Send the bill to the appropriate
committee for deliberation and research. 1. Any bill passed by the congress must enforce
only 1 subject which shall be exposed by the title
SECOND READING - deliberation and thereof.
interpretation of the *subject must be clear in the title
propose (committee
assigned) of the bill VOTE RAIDING
2. No bill passed by the congress shall become a
laws unless it passed the requirement of three
readings in three separate days; can be
dispensed if
3
Exemption: President issued a certification to EXAMPLE OF LIS MOTA - ZABAL VS DUTERTE
address a public need or public
calamity. - Pres. Duterte by virtue of police power closed
Boracay for rehabilitation purposes.
3. Every bill passed passed by the congress - Zabal, Jacosalem, and Bandiola question the
before it become a law shall be presented to the validity of police power
president.
*NO Legal Standing - Mere technicality

PROBLEMS THAT MAY ARISE IN THE PASSING OF *Transendental Importance

A BILL - paramount to public interest
- even with no legal standing
LEGISLATIVE JOURNAL - account to the
deliberation that happened or acquired in the fist MOOT & ACADEMIC
reading. - there is a supervening event that result
in the non-review of the case.
ENROLLED BILL isn’t equal to the legislative
journal. EXEMPTIONS ON MOOT & ACADEMIC
PRINCIPLES
Enrolled Bill shall prevail; because it is 1. There is a grave violation of the constitution.
duly authenticated. 2. There is a danger of repetition or evading
review.
3. It is paramount of public interest.
JUDICIARY BRANCH
*Doctrine of Purposeful Hesitation*
*Doctrine of Hierarchy of Courts* PLEADING (Legal Document)
- Municipal - Should raise constitutional question
- Regional - Information - (Information from the
- Supreme pleadings)
- you cannot change the
Validity of the law can be questioned by case (ex. Murder to
any courts homicide) in the middle if
Supreme court is not a triger of facts the case due to DOUBLE
- only review conflicts of rights/ JEOPARDY.
conflict of laws
Facts of the case are tried in the Why it is important?
municipal and regional trial court - Presumptions of innocence until proven
If there is a constitutional question by the guilty beyond reasonable doubt.
accused, it is automatically answer by - have the right to remain know the
Supreme Court. nature of the offense offense filed against you (in
order to prepare for your defense)
4 REQUISITS OF A CONSTITUTIONAL
QUESTION
TRILLIANES VS. MARIGOMEN
1. There should be an actual case or controversy
2. Legal standing of the petitioners Trillanes was alleged as a dummy of VP. Binay
3. Constitutional question should be raised at the *congress was in a recess
earliest possible time. * Trillanes - talks a lot
4. LIS MOTA; - the constitutional question must
be determinative of the case. Marigomen- filed a case against Trillanes

4
 - Because poor and marginalized don’t
Trillanes - Invoked PARLIAMENTARY IMMUNITY have money and machinery to run in a
- Freedom from arrest election.
- Freedom of Speech
PARTYLIST SYSTEM ACT (RA 7941)
* which states that - a senator cannot be - give more laws to those who have less.
detained while the congress is in a session - represent the marginalized and under
* as long as the penalty for the alleged crime represented sector of the country.
committed is not more than 6 years.
SUCH AS: Peasants, Farmers, Youth,
*being interviewed is not one of the function of Professionals, and IP’S.
a senator.

*Trillanes - paid Marigomen EXECUTIVE PRIVILEGE

- Immunity given to the president
Quo Warranto - any public official (removal - always absolute
from office by questioning the legality of their - the president in immune to any criminal
title or position) case during his tenure.

1 - Chief Justice Judicial vs Quasi-Judicial function pf LB

14 - Associate Justices
Judicial -aim is to detain an official.
ALTER-EGO PRINCIPLE Quasi- Judicial - aim to remove a public
- the actions of the alter-ego bodies are official/ impeachment
also the actions of the president himself - legality of title appointment
- cannot be invoked in public hearings
GROUNDS FOR IMPEACHMENT
- P - President
POLITICAL PARTY
- V - Vice President
- organization that has a common belief
- O - Ombudsman
- advocating for common platforms,
- C - Constitutional Commission
advocacy, and ideology.
- S - Supreme Court
LIBERALISM - there is a privatization
CBBGOT
COMMUNISM - government will fund the
Culpable violation of Constitution
People
Bribery
Betrayal of Public Trust
COLD WAR - war of ideologies (Liberalism vs
Graft and Corruption
Communism)
Other High crimes
Treason
Equality - everyone has
Equity - prioritize those in need
SENATE - Deciding jury/judge for the
impeachment
BAGONG BAYAN VS COMELEC
CONGRESS - File and validate the impeachment
- You need to come from the sector you
case.
want to represent

ATONG PAGLAON VS. COMELEC

- You don’t need to come from the sector
you need to represent
5
 CARL ( LEGISLATIVE )
- Citizenship “natural born Filipino”
- JUS SANGUINIS - citizen by blood INITIATIVE ON LOCAL LEGISLATION
Citizen - commanding the congress to enact local
- JUS SOLI - citizen by place you were legislation/ brgy. Law, ordinance
born
- Age 35 yrs old (on the day of the election)
- Residency 2 yrs (anywhere in the Ph) AMENDMENT
- Literacy - Adds, reduces, deletes certain provisions on the
- Registered Voter constitution without altering the constitution.
*terms of office: Max 6yrs, 2 consecutive term
(12 yrs)
REVISION - changing the basic principle of consti
CARL ( HOUSE OF REP) *district - congress is the only body that can do
representative revision.
- citizenship
- age 25yrs old REFERENDUM - power of the electorate to
- Residency 1yr residing in the district where he accept or reject legislation through an election
shall be elected called for that purpose.
- literacy REFERENDUM STATUTES
- registered voter - petition to approve or reject a law
*terms of office: Max 3yrs, 3 consecutive terms passed by the congress
(9 yrs) REFERENDUM LOCAL LAWS
- petition to approve or reject a law,
NOTE: SENATE - 24 senators to prevent HIATUS resolution, brgy. law or an ordinance.
in the congress
NOTE: Congress can not add substantive
requirement. SUBSTANTIVE LIMITATION
- Irrepealable laws
DUAL CITIZENSHIP - Allowed - Ex post Facto laws
DUAL ALLEGIANCE - Not allowed - Giving title of Royalty

NATURAL BORN PHILIPPINE JUDGES ASSOCIATION VS PRADO

NATURALIZE - Oath of allegiance - BCC need not to harmonize a bill and may enact
- perform acts that will make you a citizen a new law

SSS VS DANGEROUS DRUGS

FACTS: Mandatory drug testing before the filing
INITIATIVE
of certificate of candidacy
- Commanding the congress to make a law
ISSUE: No valid mandate of police power
- Power of the people to propose amendment to
RULLING: Congress cannot additional
the constitution. (SCRA)
requirement.
* Validity of the law - principle of
3 SYSTEMS OF INITIATIVE
substantive requirement applies.
INITIATIVE ON CONSTITUTION
- Revision - changing the basic principle of conti
ANG BAGONG BAYANI OFW VS. COMELEC
FACTS: Question the validity of the partylist
INITIATIVE ON STATUTE
system
- petition to enact a national legislation (national
scale) *specific subject

6
ATONG PAGLAUN VS. COMELEC
RULLING: They must have a track record
advocating the sector they wish to ANATOMY OF GOOD ANSWER:
represent.
Eg: donations, programs or organizations. A - Answer first if YES or NO (positives or
*No longer need to belong to the sector you wish negatives of the question
to represent. L - Legal Basis ( Principle, Doctrine, or
Jurisprudence)
PARAMETERS SET FORTH A - Antecedent ( relate it with the facts)
1. National Parties, Regional, and Sectoral Parties C - Conclusion ( Restatement of your answer)
may participate in the party system.

2. National and Regional Parties need not to

organize large sectoral lines and don’t need to
represent the marginalized and under
represented sector given that they advocate for
the sector they want to represent.

3. Political parties can participate in the partylist

system.
*RULE: they do not feed candidate in the
national and local positions.

4. Sectoral Parties/ Organizations may either be

marginalize and underrepresented well lacking in
well defined constituencies.
* if you are lacking in well defined constituencies
you can still run.
*eg: United Architects of the Ph, LGBT, Women,
Gender Wage Gap, Elder's or Pensioners.

5. Majority of Sectoral parties/org that represent

marginalized and underrepresented may not
necessarily belong to the sectors it wishes to
represent provided that there is a track record.

6. National and Regional Parties shall not be

disqualified if some of their nominees are
disqualified provided that they should have
nominee that remains to be qualified

EXAMS: MULTIPLE CHOICE 25PTS (2PTS

EACH)