CONSTI ONE STATE – a community of persons, more or less numerous, permanently occupying a fixed

Chapter 1 territory, and possessed of an independent government organized for political ends to
which the great body of inhabitants render habitual obedience.
POLITICAL LAW AND ITS DIVISION
Nation is a racial or ethnic concept and talks about the relation of birth or origin and
Political Law – is that branch of public law which deals with the organization and implies a common race usually characterized by community of language and customs
operations of the governmental organs of the State and defines the relation of the State while state is a legal concept with its 4 elements.
with the inhabitants of its territory.
- It governs the structure and functions of government agencies, their powers, People – refers simply to inhabitants of the state.
duties, and the limits of their authority. - While there is no legal requirement as to their number, it is generally agreed that
- In the present law curriculum prescribed by the Supreme Court, Political law they must be numerous enough to be self-sufficing and to defend themselves and
embraces Consti 1 and 2, Administrative Law, the Law of Public Officers, small enough to be easily administered and sustained.
Election Law and the Law on Municipal Corporations.
- Consti 1 – is the study of structure and the powers of the Republic of the Territory – is the fixed portion of the surface of the earth inhabited by the people of the
Philippines. State.
- Consti 2 - often covers the interpretation and application of these constitutional - As a practical requirement only, it must be neither too big as to be difficult to
principles, especially how the government should act and interact with citizens in administer and defend nor too small as to be unable to provide for the needs of
more specific cases. the population.
- Administrative Law - focuses on the rules and regulations that government
agencies must follow in carrying out their duties. Government – is the agency or instrumentality through which will of the State is
- Law of Public Officers - deals with the rules governing government employees formulated, expressed and realized.
and officials, outlining their rights, duties, powers, and accountability. - The mandate of the Government is to promote the welfare of the people.
- Election Law - regulates the conduct of elections, from voter registration to
voting processes, election campaigns, and the resolution of electoral disputes. Sovereignty – is the supreme and uncontrollable power inherent in a state by which that
- Law on Municipal Corporations - with local government units (like cities, towns, state is governed.
and municipalities), outlining their organization, powers, responsibilities, and - It is basically the power of the state to control its domestic affairs and to direct its
relationship with the national government. relations with other states, is also known as independence.
These divisions of political law work together to ensure that the government operates in
a lawful, accountable, and effective manner, respecting the rights of citizens while FUNCTIONS OF GOVERNMENT
maintaining public order and good governance.
Constituent functions are essential roles of the government, which are necessary for
CONSTITUTIONS OF THE PHILIPPINES maintaining order, protecting citizens, and ensuring the state's survival. Examples are
1. Bonus – Malolos Constitution by Malolos Congress in 1899-1901 maintaining peace and security (police and military forces), enforcing laws and
2. Commonwealth Constitution – adopted in 1935 administering justice (courts and legal systems).
3. Constitution of 1973 – Marcos Regime
4. Freedom Constitution – February 1986. Ministrant functions are optional or discretionary roles of the government. Examples of
5. 1987 Constitution – after plebiscite in Cory era. this are Public infrastructure (roads, bridges), Public education and Healthcare services.
 - An unincorporated agency, the general rule is that because it is unincorporated,
De jure government refers to a government that is legally established and recognized it possesses no juridical personality of its own, no charter or not created by
under the law or constitution of a country. It has the legal right to govern, even if it may charter and the suit against the agency is the State as the principal. Example is
not be in actual control of the territory or people. DOH, PNP, DOJ.
- The Philippine Commonwealth government (1935-1942 and 1945-1946) under
President Manuel L. Quezon Suability vs Liability
- The mere fact that the State is suable does not mean that it is liable. When
De facto government, on the other hand, refers to a government that is in actual control therefore the State allows itself to be sued, all it does in effect is to give the other
of the country or territory but may not be legally recognized or established by law. It party an opportunity to prove, if it can, that the State is liable but necessarily
exercises power, but without the lawful basis that a de jure government has. liable.
- During the Japanese occupation of the Philippines (1942-1945), the puppet
government established by Japan under José P. Laurel was the de facto ARTICLE 2 OF THE CONSTITUTION “DECLARATION OF PRINCIPLES AND STATE
government POLICIES

DOCTRINE OF STATE IMMUNITY A principle is generally defined as a comprehensive and fundamental rule, while a policy
- Under our Constitution, it declares “the State cannot be sued without it’s is a program, a definite course of action, pursued to implement it.
consent.
- It is based upon the logical and practical ground that there can be no legal right Principle: Example: "The Philippines is a democratic and republican State" (Section 1).
against the authority which makes the law on which the right depends. This means that the government’s power comes from the people and it operates under
- Another practical consideration is that the demands and inconveniences of democracy.
litigation will divert the time and resources of the State from more pressing
matters demanding its attention, to the prejudice of the public. Policy: Example: "The State shall promote social justice in all phases of national
development" (Section 10). To implement this, the government may create programs like
Immunity Waiver poverty reduction initiatives, housing projects, or social welfare programs.
- Although the doctrine of State Immunity is sometimes called the “royal
prerogative of dishonesty,” it must be observed in fairness that the State does not The Philippines is a democratic and a republic type of government.
often avail itself of this rule to take undue advantage of parties that may have - Democracy is essentially government by the people. We, the people, are
legitimate claims against it. repository of the government.
- Express content may be manifested either through a general law or a special - A republic is a representative government, a government run by and for the
law. Implied consent is given when the State itself commences litigation or people.
enters into a contract. - Representation is the selection of representatives to act in behalf of the people.
- Express consent is clearly stated. Implied consent is assumed based on Renovation is when the people has the power of the people to replace or retain
actions or circumstances. representatives through an election.

Suits Against Government Agencies Doctrine of Transformation

- An incorporated agency has a charter of its own that invests it with a separate - It requires that an international law be transformed into a domestic law through a
juridical personality like the UP, JRMSU, SSS and the City of Manila. constitutional mechanism such as local legislation.
 - Example: The Paris Agreement on climate change was signed by the Philippines, shelves, and other submarine areas. The waters around, between, and
but it didn’t automatically become a local law. connecting the islands of the archipelago, regardless of their breadth and
- In the Philippines, the Rome Statute (the treaty that established the International dimensions, form part of the internal waters of the Philippines.
Criminal Court) was not automatically part of local law.
The Archipelagic Doctrine refers to the principle that the waters around, between, and
Doctrine of Incorporation connecting the islands of an archipelago (group of islands) form part of the country’s
- Every State is, by reason of its membership in the family of nations, bound by the territory.
generally accepted principles of internal law, which are considered to be - Example: Under this doctrine, the Philippines doesn't just count land areas like
automatically part of of its own laws. Luzon, Visayas, and Mindanao as part of its territory, but also the waters that
- Meaning International law automatically becomes part of the country’s laws connect these islands.
without needing to pass a new law.
- Example: If there is an international law saying that prisoners of war must be National patrimony refers to the natural resources and cultural heritage of the country
treated humanely, the Philippines automatically follows that rule because it’s a that must be protected and conserved for the benefit of the nation and future
generally accepted international principle, without needing to pass a special law generations.
- Example: The Philippine Constitution ensures that the use of natural
Social Justice - refers to the idea of ensuring fairness and equality, especially for resources like forests, minerals, and fishing areas are reserved for Filipinos or
disadvantaged or marginalized groups in society. are controlled by the state to benefit Filipinos.
- The old social justice in the Constitution primarily focused on economic
fairness—ensuring that wealth and resources are distributed more equally Blending of Powers
among citizens. This concept was centered on protecting the rights of workers - Is the collaboration with one or more branches of the government to produce
and farmers and improving their economic conditions. one results
- Under the 1935 Constitution, social justice was emphasized through laws on land - Example is enactment of laws by the legislative and executive.
reform to give more land ownership to farmers and protect them from abuses by Checks and Balances
landlords. - Corrective measure of one department to correct mistakes of another branch of
- The new social justice includes a broader focus on equal rights, protection of government. To ensure no one branch of government is supreme over the other.
vulnerable groups, and social welfare. This includes not only workers and farmers - Example is enactment of laws and the power of the executive to veto
but also women, indigenous people, urban poor, and marginalized sectors. legislative’s bills and the latter’s power to override the executive’s veto power.
- Example: The government now provides more protections through laws such as Justiciable
the Magna Carta of Women, which promotes women's rights and gender equality, - Justiciable questions involve rights which are legally demandable and
and the Indigenous Peoples’ Rights Act (IPRA), which safeguards the rights and enforceable. It is the court's duty to decide on them whether it is lawful or
land of indigenous communities. unconstitutional.
- Example is when the legislative enacts a law that violates freedom of speech, it
National Territory becomes a justiciable question and the judiciary can have jurisdiction.
- The national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines The liability of the government for a pedestrian refers to the responsibility the
has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial government may have if a pedestrian is harmed due to unsafe public spaces, such as
domains, including its territorial sea, the seabed, the subsoil, the insular roads or sidewalks.
- Negligence: If the government fails to maintain safe roads, sidewalks, or
crosswalks, or doesn’t fix hazards (like potholes, broken traffic lights, or lack of
proper signage), it can be seen as negligent.
- Example 1: A pedestrian falls and gets injured because a public sidewalk is
broken and uneven, and the local government didn’t repair it even after being
notified. The injured pedestrian could sue the government for negligence.
- Failure to Protect: If there’s a known danger to pedestrians (like a busy road
with no pedestrian lanes or proper traffic management), and the government
does nothing to fix it, it could be held responsible if someone is injured.
- Example 2: If there’s a known issue with a crosswalk signal not working, causing
an accident where a pedestrian gets hit by a car, the government could be held
liable for failing to maintain the signal properly.