Philippine Political LawPDF电子书下载

CHAPTER Ⅰ INTRODUCTION 1

Political law and its scope 1

Basic principles 1

CHAPTER Ⅱ THE STATE AS A LEGAL CONCEPT 3

State defined 3

Concept of Nation 4

＂Nation＂and＂State＂distinguished 7

Population 9

Territory 10

Government 11

Functions of government 11

Doctrine of Parens Patriae 13

State distinguished from Government 14

Classification of government 15

Monarchial，Aristocratic，and Democratic Governments 16

Direct and Representative Democracies 16

Unitary and Federal governments 18

Hereditary and Elective Governments 19

Parliamentary and Presidential Governments 20

De Jure and De Facto Governments 21

Concept of Sovereignty 23

Political and legal sovereignty 24

Characteristics of sovereignty 25

Internal and external sovereignty 25

Recognition of States and Governments 26

Organs of recognition 28

＂Act of State＂ 30

CHAPTER Ⅲ PHILIPPINE GOVERNMENT PRIOR TO THE AMERICAN OCCUPATION 31

Pre-Spanish organization 31

System of government under Spain 32

The Philippine Revolutionary government 36

Legal responsibility of the revolutionary government 36

CHAPTER Ⅳ CESSION OF THE PHILIPPINES TO THE UNITED STATES 40

Power of the United States to acquire territory 40

Modes of territorial acquisition by the United States 43

Consent of inhabitants of annexed territory not necessary 45

Classification of American territories 45

Acquisition of the Philippines by the United States 48

Introduction of the American system of constitutional law 49

CHAPTER Ⅴ MILITARY GOVERNMENT IN THE PHILIPPINES 51

Power of the United States to govern its territories 51

Classes of territorial governments 52

Establishment of military government 52

Military rule under the President of the United States 53

The First Philippine Commission 55

The Second Philippine Commission 56

Instructions to the Second Philippine Commission 56

The Spooner Amendment 58

Achievements of the military government 59

Organization of municipal and provincial governments 60

Establishment of first civil government 60

CHAPTER Ⅵ PHILIPPINE GOVERNMENT UNDER THE PHILIPPINE BILL AND JONES LAW 62

Organic laws of the Philippines prior to the Tydings-McDuffie Act 62

The Philippine Bill of 1902 63

Legislative power under the Philippine Bill 64

Resident commissioners to the United States 65

The Bureau of Insular Affairs 65

The Jones Law 65

Executive power under the Jones Law 66

Legislative power under the Jones Law 68

Judicial power 68

The Office of the Auditor 69

CHAPTER Ⅶ PHILIPPINE-AMERICAN CONSTITUTIONAL RELATIONS PRIOR TO THE COMMONWEALTHY 70

Nature of Philippine-American constitutional relations prior to the Tydings-McDuffie law 70

Status of the Philippines before the Commonwealth 71

United States Constitution generally inapplicable 74

Applicability of American statutes 75

Applicability of treaties of the United States 76

Right of the United States to admit the Philippines into the American Union 77

Right of the United States to cede the Philippines to a foreign power 78

Right of the United States to declare the Philippines independent 79

CHAPTER Ⅷ THE PHILIPPINE INDEPENDENCE LAW 80

Historical antecedents 80

The Tydings-McDuffie Law 82

Mandatory provisions on the nature and organization of the government to be established 82

Provisions on immigration and trade relations 83

Steps leading to Philippine independence 84

CHAPTER Ⅸ THE DRAFTING OF THE PHILIPPINE CONSTITUTION 85

Calling of the Constitutional Convention 85

Organization of the Constitutional Convention 85

The drafting of the Constitution 86

Approval and ratification by the Preident of the United States 87

Inauguration of the Philippine Commonwealth 87

Amendments to the Constitution 88

CHAPTER Ⅹ THE COMMONWEALTH OF THE PHILIPPINES 90

Status of the Philippine Commonwealth 90

Control of Commonwealth affairs by the United States affairs 95

President 92

The United States High Commissioner 93

Philippine Resident Commissioner to the United States 94

Control of the United States Congress over Commonwealth Appeals to the United States Supreme Court 96

The Commonwealth-in-Exile 96

The Commonwealth and international relations 97

CHAPTER Ⅺ GOVERNMENT DURING THE JAPANESE OCCUPATION 99

Establishment of the Japanese Military Government 99

Philippine Executive Commission 100

Japanese-sponsored Republic of the Philippines 101

Nature of the Japanese Occupation governments 103

Validity of the processes of the Japanese occupation governments 105

Effect of judicial proceeding during the occupation 108

Suspension of the Philippine Constitution 112

Non-suspension of sovereignty 113

Validity of Japanese war notes 115

Effect of Bank deposits and withdrawal during the occupation 117

Belligerent＇s disposition of public property 120

Validity of freezing and qreuestration of enemy private property 122

Effect of seizure of private property 123

Pardons granted during the Japanese Occupation 123

Ballantyne scale of values 124

Effect of occupation on military rules governing members of the armed forces 125

CHAPTER Ⅻ FUNDAMENTAL FEATURES 127

＂The Government of the Republic＂defined 127

Jurisdiction of the Philippine government 128

Extra-territorial jurisdiction 129

Waiver of exercise of jurisdiction 130

Fundamental features of Philippine government 131

Republican form of government 131

Bill of rights 133

Government of laws and not of men 134

Rule of the majority 136

Suffrage and Elections 138

Public office is a public trust 139

Independence of the judiciary 140

Renunciation of war 140

CHAPTER ⅩⅢ SEPARATION OF POWERS 142

Statement of the principle 142

History and development of the principle 143

Importance of the principle 144

Adoption of the principle in the Philippine Constitution 145

Operation of the principle 146

Checks and balances in general 148

Legislative check on other departments 149

Executive check on the other departments 151

Judicial check on the other departments 151

Application of the principle 151

Principle inapplicable to local governments 154

CHAPTER ⅩⅣ THE LEGISLATIVE DEPARTMENT 156

Congress of the Philippines 156

Constitutional devise against gerrymandering 157

Selection of members 159

Confirmation unnecessary for membership 159

Qualification of members in general 160

Meaning of＂natural born citizen．＂ 161

Residence requirements 161

Meaning of＂qualified elector＂ 165

Term of office of senators 165

Term of office of representatives 168

How vacancy filled 169

Compensation of members 170

Right of party proclaimed elected to recover compensation 170

CHAPTER ⅩⅤ THE ELECTORAL TRIBUNALS 173

Electoral Tribunals 173

Electoral Tribunals assumed powers of the Electoral Commission 173

Independence of the Electoral Tribunals from either House of Congress 184

Electoral Tribunals independent of the courts 186

CHAPTER ⅩⅥ INTERNAL GOVERNMENT OF CONGRESS 188

Legislative session 188

Presiding officers of Congress 190

Organization of Congress 191

Determination of quorum 191

Punishment and expulsion of members 196

Rules of Procedure 199

The legislative journal 200

Matters required to be entered in the Journal 201

Legal value of journals 201

The enrolled bill rule and probative value of journals 202

CHAPTER ⅩⅦ PRIVILEGES AND DISQUALIFICATIONS OF MEMBERS OF CONGRESS 206

Privilege of members from arrest 206

Freedom of speech and debate 209

Purpose of the privilege 210

Disqualifications of members of Congress in general 211

Disqualification from holding any other government office or employment 212

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

Disqualification from acting as counsel in certain civil cases 217

Disqualification from acting as counsel in certain criminal cases 218

Disqualification applies in cases before a court martial 220

Prohibition against certain financial interests 222

Effect of contract in violation of the prohibition 225

Other disqualifications 227

CHAPTER ⅩⅧ POWERS OF CONGRESS 228

Legislative power in general 228

Limitations on congressional power 230

Statutes 232

Mode of enactment of bills 234

Bills that should originate in the House 237

Constitutional requirements on title and subject of bills 238

Recall of a bill 244

Resolutions 244

Power of appropriation 245

War power of Congress 248

Power of the Senate with respect to treaties 249

Power of impeachment 250

Congress as board of canvassers 250

When Congress shall proclaim the election of a President 251

Is Congress bound by the election returns？ 253

Power to propose constitutional amendments 254

Power of legislative inquiry 254

Scope of inquiry 256

Determination of materiality of question relevant to a pending inquiry 257

Power to punish for contempt 258

Contempt of Congress for obstruction of legislative duties 259

Contempt for refusal to furnish information material to a legislative inquiry 261

Duration of punishment 264

When provisional release of prisoner held in contempt of Congress may be ordered by the courts 272

CHAPTER ⅩⅨ THE EXECUTIVE DEPARTMENT 275

The executive power 275

Qualifications 276

Election 276

Oath of office 277

Tenure 278

Extension of the Presidential term 279

Presidential succession 279

Statutory elaboration of the Constitutional provision on presidential succession 281

Inability to discharge powers and duties of office 283

Residence and Compensation of the President 285

The Vice-President 286

Executive departments 286

Powers of department heads 288

Disabilities of executive officers 290

Independence of the President 291

Is the President immune from legislative processes？ 294

Judicial review of executive acts 295

CHAPTER ⅩⅩ POWERS AND FUNCTIONS OF THE PRESIDENT 297

The President as administrative head 297

Power of Control 298

Supervision over local governments 299

Faithful execution of laws 304

The Military powers of the President 305

Suspension of the writ of habeas corpus 308

Declaration of Martial Law 311

Appointing power 313

Power of removal 315

Removal not subject to confirmation by the Commission on Appointments 318

Pardoning power in general 318

Effects of pardon 321

Extent of the pardoning power 324

Power to grant amnesty 327

Amnesty distinguished from pardon 328

The veto power in general 329

Veto of appropriation bills 333

Power over foreign affairs 334

Mode of ratification of treaties 336

Messages and recommendations to Congress 337

Budgetary power 338

Emergency powers 341

＂Emergency powers act＂cases 344

Power of deportation of aliens in general 350

CHAPTER ⅩⅪ THE JUDICIAL DEPARTMENT 353

Historical background 353

Composition of the Supreme Court 355

Qualifications of Justices of the Supreme Court 356

Order of precedence 356

Temporary designation of inferior court judges to Supreme Court 357

Jurisdiction of the Supreme Court 359

Procedure in rendition of decisions 361

Form of judgments 362

Effect of failure to comply with requirement 363

Composition and organization of the Court of Appeals 364

Jurisdiction of the Court of Appeals 366

Action of division is action of the Court 366

Designation of District Judges to sit in the Court of Appeals 367

Judges of courts of first instance prior to Republic Act No．1186 367

Qualifications of judges of inferior courts 369

Jurisdiction of Courts of First Instance 370

Detail of a judge to another district 372

Where judicial power vested under the Constitution 374

Jurisdiction of Justice of Peace and Municipal judges 374

Compensation of justices and judges 377

Tax on judicial compensation illegal 379

Salarues of judicial and judges can not be diminished 384

Disqualification of Judges and Justices 385

Removal of Justices of the Supreme Court and the Court of Appeals 387

Grounds for removal of Judges and Justices of the Peace 388

Nature of removal proceedings 389

Judges exempt from civil liability 389

Criminal liability for certain acts 392

Judicial independence 393

Three theories on the power of Congress to abolish inferior courts 397

The＂Judges Case＂ 398

CHAPTER ⅩⅫ JUDICIAL POWER 408

Nature of judicial power 408

Judicial power distinguished from legislative power 410

Limitations on the power of judicial inquiry 411

Rule-making power of the Supreme Court 413

Limitation on the rule-making power 415

Power over admission to the practice of law 416

Performance of non-judicial functions 421

Advisory opinions 422

Judges as arbitrators 423

Power to punish for contempt 425

Kinds of contempt 426

CHAPTER ⅩⅩⅢ COMMISSION ON ELECTIONS 428

Organization of the Commission on Elections 428

Purpose of creation of the Commission on Elections 429

Independence of the Commission on Elections 429

Composition and internal government of the Commission on Elections 432

Promotion to chairmanship not violative of prohibtion against reappointment 434

Nature of the Power of the Commission on Elections under the Constitution 436

Duty to make reports 438

Statutory powers and duties of the Commission 438

Review of decision of the Commission 441

Disabilities on members of the Commission 443

CHAPTER ⅩⅩⅣ THE GENERAL AUDITING OFFICE 445

Historical background 445

Independence of the General Auditing Office 446

Constitutional powers and duties 447

Examination and auditing of accounts 448

Auditing of expenditures 449

Auditor General has no power to decide unliquidated claims 450

Keeping of general accounts 452

The＂critical function＂ 452

Submission of annual reports 454

Statutory powers and duties 455

Time for rendition of decision 458

Review of Auditor General＇s decisions 459

Judicial control over the Auditor General 460

CHAPTER ⅩⅩⅤ IMPEACHMENT 463

Impeachment as a mode of terminating official relation 463

Grounds for impeachment 463

Officials subject to impeachment 464

When official may be impeached 465

Procedure in the House of Representatives in impeachment cases 465

Procedure in the Senate in impeachment cases 467

Rights of respondent 471

Notice to the President of the Philippines 472

Penalty in impeachment cases 472

CHAPTER ⅩⅩⅥ CIVIL SERVICE 473

Historical background 473

Scope of the civil service system 474

Classified and unclassified civil service 475

Prohibition against partisan political activities 476

Prohibition against additional double compensation 477

Security of tenure 479

CHAPTER ⅩⅩⅦ UNILIZATION AND DEVELOPMENT OF NATURAL RESOURCES 482

Nationalistic policy on utilization and development of natural resources 482

Limitations on ownership of public agricultural lands 483

Aliens cannot acquire private agricultural lands 484

Violation of the prohibition a criminal offense 486

The Parity Amendment 487

Mortgage of lands to aliens 488

CHAPTER ⅩⅩⅧ OBLIGATIONS OF THE STATE 489

Promotion of social justice 489

Expropriation of lands for subdivision 492

Only large estate may be expropriated 493

Protection to labor 495

Regulation of public utilities 499

Supervision and regulation of educational institutions 500

Optional religious instruction 502

Development and adoption of a common national language 503

Scientific research and invention 504

Maintenance of a National Police Force 505

Defense of the State 505

CHAPTER ⅩⅩⅨ SUITS AGAINST THE STATE 507

Statement of the principle 507

Suits against government agencies 509

Suits against state officers 513

Suits against government corporations 515

Waiver of immunity；state as plaintiff 515

Consent by statutory enactment 516

Consent to be sued not an admission of liability 517

The State may withdraw its consent 518

Liability for quasi-delicts 518

Extent of liability after consent 519

Enforceability of liens against the state 520

CHAPTER ⅩⅩⅩ CITIZENSHIP AND NATURALIZATION 522

Concept of Citizenship 523

Prevailing principle of citizenship 523

Principle of jus sanguinis adopted in this jurisdiction 525

Who are citizens of the Philippines 529

Citizens of the Philippines at the time of the adoption of the Philippine Constitution 529

Children whose fathers are Philippine Citizens 531

Citizens through election to public office 521

Citizens by election 532

Period within which to make election 534

Naturalization defined 535

Qualifications for naturalization 536

Residence requirements 537

When ten-year residence requirement reduced 537

Proper and irreproachable conduct 538

Ownership of real estate or possession of lucrative trade 539

Ability to speak and write English or Spanish and Philippine language 540

Enrollment of minor children in Philippine schools 543

Disqualification 545

Grounds for disqualification construed 545

Declaration of Intention 547

Filing of declaration of intention mandatory 547

Persons exempt from making declaration of intention 549

Exemptions construed 549

Petition for naturalization 551

Preliminary proceedings prior to hearing 552

Hearing 552

Renunciation of title or order of nobility 553

Decision 553

When decision becomes executory 553

Oath of applicant 554

Effect of naturalization on wife and children 554

Effect of death of petitioner 555

Cancellation of naturalization certificate 555

Modes of losing Philippine citizenship 557

Loss of citizenship by renunciation 559

Loss of citizenship by marriage 560

Status of Filipino woman married to a stateless alien 560

Modes of reacquisition of citizenship 561

INDEX 562