《Philippine Political Law》

CHAPTER ⅠINTRODUCTION1

Political law and its scope1

Basic principles1

CHAPTER ⅡTHE STATE AS A LEGAL CONCEPT3

State defined3

Concept of Nation4

＂Nation＂and＂State＂distinguished7

Population9

Territory10

Government11

Functions of government11

Doctrine of Parens Patriae13

State distinguished from Government14

Classification of government15

Monarchial，Aristocratic，and Democratic Governments16

Direct and Representative Democracies16

Unitary and Federal governments18

Hereditary and Elective Governments19

Parliamentary and Presidential Governments20

De Jure and De Facto Governments21

Concept of Sovereignty23

Political and legal sovereignty24

Characteristics of sovereignty25

Internal and external sovereignty25

Recognition of States and Governments26

Organs of recognition28

＂Act of State＂30

CHAPTER ⅢPHILIPPINE GOVERNMENT PRIOR TO THE AMERICAN OCCUPATION31

Pre-Spanish organization31

System of government under Spain32

The Philippine Revolutionary government36

Legal responsibility of the revolutionary government36

CHAPTER ⅣCESSION OF THE PHILIPPINES TO THE UNITED STATES40

Power of the United States to acquire territory40

Modes of territorial acquisition by the United States43

Consent of inhabitants of annexed territory not necessary45

Classification of American territories45

Acquisition of the Philippines by the United States48

Introduction of the American system of constitutional law49

CHAPTER ⅤMILITARY GOVERNMENT IN THE PHILIPPINES51

Power of the United States to govern its territories51

Classes of territorial governments52

Establishment of military government52

Military rule under the President of the United States53

The First Philippine Commission55

The Second Philippine Commission56

Instructions to the Second Philippine Commission56

The Spooner Amendment58

Achievements of the military government59

Organization of municipal and provincial governments60

Establishment of first civil government60

CHAPTER ⅥPHILIPPINE GOVERNMENT UNDER THE PHILIPPINE BILL AND JONES LAW62

Organic laws of the Philippines prior to the Tydings-McDuffie Act62

The Philippine Bill of 190263

Legislative power under the Philippine Bill64

Resident commissioners to the United States65

The Bureau of Insular Affairs65

The Jones Law65

Executive power under the Jones Law66

Legislative power under the Jones Law68

Judicial power68

The Office of the Auditor69

CHAPTER ⅦPHILIPPINE-AMERICAN CONSTITUTIONAL RELATIONS PRIOR TO THE COMMONWEALTHY70

Nature of Philippine-American constitutional relations prior to the Tydings-McDuffie law70

Status of the Philippines before the Commonwealth71

United States Constitution generally inapplicable74

Applicability of American statutes75

Applicability of treaties of the United States76

Right of the United States to admit the Philippines into the American Union77

Right of the United States to cede the Philippines to a foreign power78

Right of the United States to declare the Philippines independent79

CHAPTER ⅧTHE PHILIPPINE INDEPENDENCE LAW80

Historical antecedents80

The Tydings-McDuffie Law82

Mandatory provisions on the nature and organization of the government to be established82

Provisions on immigration and trade relations83

Steps leading to Philippine independence84

CHAPTER ⅨTHE DRAFTING OF THE PHILIPPINE CONSTITUTION85

Calling of the Constitutional Convention85

Organization of the Constitutional Convention85

The drafting of the Constitution86

Approval and ratification by the Preident of the United States87

Inauguration of the Philippine Commonwealth87

Amendments to the Constitution88

CHAPTER ⅩTHE COMMONWEALTH OF THE PHILIPPINES90

Status of the Philippine Commonwealth90

Control of Commonwealth affairs by the United States affairs95

President92

The United States High Commissioner93

Philippine Resident Commissioner to the United States94

Control of the United States Congress over Commonwealth Appeals to the United States Supreme Court96

The Commonwealth-in-Exile96

The Commonwealth and international relations97

CHAPTER ⅪGOVERNMENT DURING THE JAPANESE OCCUPATION99

Establishment of the Japanese Military Government99

Philippine Executive Commission100

Japanese-sponsored Republic of the Philippines101

Nature of the Japanese Occupation governments103

Validity of the processes of the Japanese occupation governments105

Effect of judicial proceeding during the occupation108

Suspension of the Philippine Constitution112

Non-suspension of sovereignty113

Validity of Japanese war notes115

Effect of Bank deposits and withdrawal during the occupation117

Belligerent＇s disposition of public property120

Validity of freezing and qreuestration of enemy private property122

Effect of seizure of private property123

Pardons granted during the Japanese Occupation123

Ballantyne scale of values124

Effect of occupation on military rules governing members of the armed forces125

CHAPTER ⅫFUNDAMENTAL FEATURES127

＂The Government of the Republic＂defined127

Jurisdiction of the Philippine government128

Extra-territorial jurisdiction129

Waiver of exercise of jurisdiction130

Fundamental features of Philippine government131

Republican form of government131

Bill of rights133

Government of laws and not of men134

Rule of the majority136

Suffrage and Elections138

Public office is a public trust139

Independence of the judiciary140

Renunciation of war140

CHAPTER ⅩⅢSEPARATION OF POWERS142

Statement of the principle142

History and development of the principle143

Importance of the principle144

Adoption of the principle in the Philippine Constitution145

Operation of the principle146

Checks and balances in general148

Legislative check on other departments149

Executive check on the other departments151

Judicial check on the other departments151

Application of the principle151

Principle inapplicable to local governments154

CHAPTER ⅩⅣTHE LEGISLATIVE DEPARTMENT156

Congress of the Philippines156

Constitutional devise against gerrymandering157

Selection of members159

Confirmation unnecessary for membership159

Qualification of members in general160

Meaning of＂natural born citizen．＂161

Residence requirements161

Meaning of＂qualified elector＂165

Term of office of senators165

Term of office of representatives168

How vacancy filled169

Compensation of members170

Right of party proclaimed elected to recover compensation170

CHAPTER ⅩⅤTHE ELECTORAL TRIBUNALS173

Electoral Tribunals173

Electoral Tribunals assumed powers of the Electoral Commission173

Independence of the Electoral Tribunals from either House of Congress184

Electoral Tribunals independent of the courts186

CHAPTER ⅩⅥINTERNAL GOVERNMENT OF CONGRESS188

Legislative session188

Presiding officers of Congress190

Organization of Congress191

Determination of quorum191

Punishment and expulsion of members196

Rules of Procedure199

The legislative journal200

Matters required to be entered in the Journal201

Legal value of journals201

The enrolled bill rule and probative value of journals202

CHAPTER ⅩⅦPRIVILEGES AND DISQUALIFICATIONS OF MEMBERS OF CONGRESS206

Privilege of members from arrest206

Freedom of speech and debate209

Purpose of the privilege210

Disqualifications of members of Congress in general211

Disqualification from holding any other government office or employment212

Directorship in a government owned or controlled corporation＂Forbidden offices＂214

Disqualification from acting as counsel in certain civil cases217

Disqualification from acting as counsel in certain criminal cases218

Disqualification applies in cases before a court martial220

Prohibition against certain financial interests222

Effect of contract in violation of the prohibition225

Other disqualifications227

CHAPTER ⅩⅧPOWERS OF CONGRESS228

Legislative power in general228

Limitations on congressional power230

Statutes232

Mode of enactment of bills234

Bills that should originate in the House237

Constitutional requirements on title and subject of bills238

Recall of a bill244

Resolutions244

Power of appropriation245

War power of Congress248

Power of the Senate with respect to treaties249

Power of impeachment250

Congress as board of canvassers250

When Congress shall proclaim the election of a President251

Is Congress bound by the election returns？253

Power to propose constitutional amendments254

Power of legislative inquiry254

Scope of inquiry256

Determination of materiality of question relevant to a pending inquiry257

Power to punish for contempt258

Contempt of Congress for obstruction of legislative duties259

Contempt for refusal to furnish information material to a legislative inquiry261

Duration of punishment264

When provisional release of prisoner held in contempt of Congress may be ordered by the courts272

CHAPTER ⅩⅨTHE EXECUTIVE DEPARTMENT275

The executive power275

Qualifications276

Election276

Oath of office277

Tenure278

Extension of the Presidential term279

Presidential succession279

Statutory elaboration of the Constitutional provision on presidential succession281

Inability to discharge powers and duties of office283

Residence and Compensation of the President285

The Vice-President286

Executive departments286

Powers of department heads288

Disabilities of executive officers290

Independence of the President291

Is the President immune from legislative processes？294

Judicial review of executive acts295

CHAPTER ⅩⅩPOWERS AND FUNCTIONS OF THE PRESIDENT297

The President as administrative head297

Power of Control298

Supervision over local governments299

Faithful execution of laws304

The Military powers of the President305

Suspension of the writ of habeas corpus308

Declaration of Martial Law311

Appointing power313

Power of removal315

Removal not subject to confirmation by the Commission on Appointments318

Pardoning power in general318

Effects of pardon321

Extent of the pardoning power324

Power to grant amnesty327

Amnesty distinguished from pardon328

The veto power in general329

Veto of appropriation bills333

Power over foreign affairs334

Mode of ratification of treaties336

Messages and recommendations to Congress337

Budgetary power338

Emergency powers341

＂Emergency powers act＂cases344

Power of deportation of aliens in general350

CHAPTER ⅩⅪTHE JUDICIAL DEPARTMENT353

Historical background353

Composition of the Supreme Court355

Qualifications of Justices of the Supreme Court356

Order of precedence356

Temporary designation of inferior court judges to Supreme Court357

Jurisdiction of the Supreme Court359

Procedure in rendition of decisions361

Form of judgments362

Effect of failure to comply with requirement363

Composition and organization of the Court of Appeals364

Jurisdiction of the Court of Appeals366

Action of division is action of the Court366

Designation of District Judges to sit in the Court of Appeals367

Judges of courts of first instance prior to Republic Act No．1186367

Qualifications of judges of inferior courts369

Jurisdiction of Courts of First Instance370

Detail of a judge to another district372

Where judicial power vested under the Constitution374

Jurisdiction of Justice of Peace and Municipal judges374

Compensation of justices and judges377

Tax on judicial compensation illegal379

Salarues of judicial and judges can not be diminished384

Disqualification of Judges and Justices385

Removal of Justices of the Supreme Court and the Court of Appeals387

Grounds for removal of Judges and Justices of the Peace388

Nature of removal proceedings389

Judges exempt from civil liability389

Criminal liability for certain acts392

Judicial independence393

Three theories on the power of Congress to abolish inferior courts397

The＂Judges Case＂398

CHAPTER ⅩⅫJUDICIAL POWER408

Nature of judicial power408

Judicial power distinguished from legislative power410

Limitations on the power of judicial inquiry411

Rule-making power of the Supreme Court413

Limitation on the rule-making power415

Power over admission to the practice of law416

Performance of non-judicial functions421

Advisory opinions422

Judges as arbitrators423

Power to punish for contempt425

Kinds of contempt426

CHAPTER ⅩⅩⅢCOMMISSION ON ELECTIONS428

Organization of the Commission on Elections428

Purpose of creation of the Commission on Elections429

Independence of the Commission on Elections429

Composition and internal government of the Commission on Elections432

Promotion to chairmanship not violative of prohibtion against reappointment434

Nature of the Power of the Commission on Elections under the Constitution436

Duty to make reports438

Statutory powers and duties of the Commission438

Review of decision of the Commission441

Disabilities on members of the Commission443

CHAPTER ⅩⅩⅣTHE GENERAL AUDITING OFFICE445

Historical background445

Independence of the General Auditing Office446

Constitutional powers and duties447

Examination and auditing of accounts448

Auditing of expenditures449

Auditor General has no power to decide unliquidated claims450

Keeping of general accounts452

The＂critical function＂452

Submission of annual reports454

Statutory powers and duties455

Time for rendition of decision458

Review of Auditor General＇s decisions459

Judicial control over the Auditor General460

CHAPTER ⅩⅩⅤIMPEACHMENT463

Impeachment as a mode of terminating official relation463

Grounds for impeachment463

Officials subject to impeachment464

When official may be impeached465

Procedure in the House of Representatives in impeachment cases465

Procedure in the Senate in impeachment cases467

Rights of respondent471

Notice to the President of the Philippines472

Penalty in impeachment cases472

CHAPTER ⅩⅩⅥCIVIL SERVICE473

Historical background473

Scope of the civil service system474

Classified and unclassified civil service475

Prohibition against partisan political activities476

Prohibition against additional double compensation477

Security of tenure479

CHAPTER ⅩⅩⅦUNILIZATION AND DEVELOPMENT OF NATURAL RESOURCES482

Nationalistic policy on utilization and development of natural resources482

Limitations on ownership of public agricultural lands483

Aliens cannot acquire private agricultural lands484

Violation of the prohibition a criminal offense486

The Parity Amendment487

Mortgage of lands to aliens488

CHAPTER ⅩⅩⅧOBLIGATIONS OF THE STATE489

Promotion of social justice489

Expropriation of lands for subdivision492

Only large estate may be expropriated493

Protection to labor495

Regulation of public utilities499

Supervision and regulation of educational institutions500

Optional religious instruction502

Development and adoption of a common national language503

Scientific research and invention504

Maintenance of a National Police Force505

Defense of the State505

CHAPTER ⅩⅩⅨSUITS AGAINST THE STATE507

Statement of the principle507

Suits against government agencies509

Suits against state officers513

Suits against government corporations515

Waiver of immunity；state as plaintiff515

Consent by statutory enactment516

Consent to be sued not an admission of liability517

The State may withdraw its consent518

Liability for quasi-delicts518

Extent of liability after consent519

Enforceability of liens against the state520

CHAPTER ⅩⅩⅩCITIZENSHIP AND NATURALIZATION522

Concept of Citizenship523

Prevailing principle of citizenship523

Principle of jus sanguinis adopted in this jurisdiction525

Who are citizens of the Philippines529

Citizens of the Philippines at the time of the adoption of the Philippine Constitution529

Children whose fathers are Philippine Citizens531

Citizens through election to public office521

Citizens by election532

Period within which to make election534

Naturalization defined535

Qualifications for naturalization536

Residence requirements537

When ten-year residence requirement reduced537

Proper and irreproachable conduct538

Ownership of real estate or possession of lucrative trade539

Ability to speak and write English or Spanish and Philippine language540

Enrollment of minor children in Philippine schools543

Disqualification545

Grounds for disqualification construed545

Declaration of Intention547

Filing of declaration of intention mandatory547

Persons exempt from making declaration of intention549

Exemptions construed549

Petition for naturalization551

Preliminary proceedings prior to hearing552

Hearing552

Renunciation of title or order of nobility553

Decision553

When decision becomes executory553

Oath of applicant554

Effect of naturalization on wife and children554

Effect of death of petitioner555

Cancellation of naturalization certificate555

Modes of losing Philippine citizenship557

Loss of citizenship by renunciation559

Loss of citizenship by marriage560

Status of Filipino woman married to a stateless alien560

Modes of reacquisition of citizenship561

INDEX562