Tiêu đề 2025 San Beda Red Book Political Law.pdf ✅

POLITICAL AND INTERNATIONAL LAW John Carlo N. Biscocho Subject Chair Moira Lou J. Clemente Elijah Christiane M. Fajardo Electronic Data Processing C ADVISERS Atty. Joseph Philip T. Andres Atty. Jun Marr M. Denita Atty. Adonis V. Gabriel
I. THE 1987 CONSTITUTION . • • • . . = .. Q. What is a Constitution? ANS: A Constitution is a body of rules and maxims in accordance with which powers of sovereignty are habitually exercised (NACHURA, Outline Reviewer in Political Law (2016), p. 2 {hereinafter NA CHURA]). A Constitution is a written instrument by which the fundamental powers of the government are established, limited and define • h these powers are distributed among the several departments, for cise, for the benefit of the body politic (BERNAS, Constitu • vernment: Notes and Cases Part I (2010), p.1 [here· Q. What are the thr ANS: The three es 1. Constit civil and 2. 3. Q. What are the parts oft on? forth the fundamental ·ons on the powers of e rights; ing the organization rtain rules relative to ANS: There are 18 Articles int I0n, namely: National Territory (I); Declaration of Principles and State Po I nnciples (11); Bill of Rights (Ill); Citizenship (IV); Suffrage (V); Legislative Department (VI); Executive Department (VII); Judicial Department (VIII); Constitutional Commissions (IX); Local Government (X); Accountability of Public Officers (XI); National Economy and Patrimony (XII); Social Justice and Human Rights (XIII); Education, Science and Technology, Arts, Culture, and Sports (XIV); The Family (XV); General Provisions (XVI); Amendments or Revisions (XVII); and Transitory Provisions (XVIII). Q: What is the Doctrine of Constitutional Supremacy? ANS: Under the doctrine of constitutional supremacy, 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. Thus, 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). Q: What are Self-Executing and Non-Executing provisions? ANS: A Self-Executing provision denotes a provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation. It is a provision that supplies a sufficient rule by means of which the right it grants may be enjoyed or protected. A Non-Executing provision, on the other hand, is that which lays down a general principle (NACHURA, p. 4).
l Q: What are the distinctions between revision and amendment? ANS: Revision broadly implies a change that alters a basic principle in the Constitution, like altering the principle of separation of powers or the system of checks and balances. There is also revision if the change alters the substantial entirety of the Constitution. On the other hand, amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved. Revision generally affects several provisions of the Constitution; while amendment generally affects only the specific provision being amended (Lambino v. COMELEC, G.R. No. 174153, October 25, 2006). Q: How do we determine whether a proposal is an amendment or revision? ANS: In determining whether a proposal involves an amendment or a revision, the Court considered the two-part test. First, the quantitative test asks whether the proposed change is so extensive in its provisions as directly the "substantial entirety" of the constitution by the deletion or alterati rous provisions. The court examines only the number of provisions affected not consider the degree of the change. Second, the qualitative test, which o the qualitative effects of the proposed change in the constitution. The mai er the ge will "accomplish such far-reaching changes in the natu plan as to amount to a revision" (Id). Q: What is the process ANS: According to proposed by: 1. The Co Assemb 2. A constitu Q: What is the proces ANS: The steps in the am mbers (Constituent 1. Proposal, which hange in the Constitution. A proposal may co a. Congress, b. Constitutiona Convention, which may be called into existence either by a 213 vote of all the members of Congress, or by a majority vote of all the members of Congress whether or not to call a Convention to be resolved by the people in a plebiscite c. The people, through the power of initiative (NACHURA, p.14). 2. Ratification, which is the process wherein the proposed amendment shall become part of the Constitution when ratified by a majority of the votes cast in a plebiscite (NACHURA, p. 16). Q: How many delegates does a Constitutional Convention have? ANS: There is no fixed number in the number of delegates in a constitutional convention. The number of delegates in the constitutional convention is to be determined by the Congress (lmbong v. COMELEC, G.R. No. L-32432, September 11, 1970). Q: May a plebiscite be held on the same day as the regular election? ANS: Yes. Plebiscite may be held on the same day as the regular election, provided that the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner (Gonzales v. COMELEC, G.R. No. L-28196, November 9, 1967).
Q: What is the Doctrine of Proper Submission? ANS: The Doctrine of Proper Submission states that all the proposed amendments to the Constitution shall be presented to the people for ratification or rejection at the same time, not piecemeal (Tolentino v. COMELEC, G.R. No. L-34150, October 16, 1971). II. BASIC CONCEPTS Q: What is the nature of the Philippine State? ANS: The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them (CONST. Arl. II, Sec. 1). Q: What are the elements of a State? ANS: The elements of a State Sovereignty (NACHURA, p. 3 Q: What is a democra ANS: A democratic st initiative and refere Reviewer (2011), p. Q: What is a repu ANS: A republica people and is exe Q: What are the e ANS: The following emanates from the d). 1 . Representa representative 2. Renovation - S derive their mandate period only, after which principal (NACHURA, p. 73). e republicanism is a s of public functionaries who their behalf, serving for a limited ed or retained at the option of their Q: What are the manifestations of republicanism? ANS: The following are the manifestations of republicanism: 1. Ours is a government of laws and not of men 2. Rule of majority 3. Accountability of public officials 4. Bill of Rights 5. Legislature cannot pass irrepealable laws 6. Separation of powers 7. Non-delegation of powers 8. Blending of powers 9. Checks and balances (Id). Q: What is the Philippine policy with regard to war? ANS: The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations (CONST. Arl. II, Sec. 2). However, it is to be noted that this provision speaks of an offensive war, not of a defensive war, the existence of which may be declared by Congress (CONST. Arl. VI, Sec. 23).