CONCEPT, NATURE AND SCOPE OF POLITICAL LAW

DEFINITION OF TERMS

1. Political Law - has been defined as that branch of public law that deals with the
organization and operation of the governmental organs of the State and defines the
relations of the State with the inhabitants of its territory. (Macariola vs. Asuncion,
114 SCRA 77).

2. Philippine Political Law is a study of the structure and powers of the government of
the Republic of the Philippines, and deals with such basic concepts of political law as
the nature of the State, the supremacy of the Constitution, the doctrine of separation
of powers, the rule of law and the like.

3. Constitutional Law refers to the law embodied in the Constitution as well as the
principles growing out of the interpretation and application made by the courts,
particularly the Supreme Court being the court of last resort, of the provisions of the
Constitution in specific cases.

4. Administrative Law is that part of public law that fixes the organization of
government, determines the competence of the authorities that execute the law, and
indicates to the individual the remedies for the violation of his rights.

5. Law on Public Corporation is that part of public law which treats of the study of
such public corporations as barangays, municipalities, cities and/or chartered cities
and provinces as well as such quasi-public corporations as the government-owned
and controlled corporations.

6. Law on Public Offices and Officers is that part of public law which deals with the
public office, its creation, modification and dissolution and, the eligibility, manner of
election or appointment and assumption of office, rights, duties, powers, inhibitions,
liabilities, and the modes of terminating the official relations of public officers.

7. Election Law is that part of public law which treats of the study of the means by
which the people choose their officials to whom, for definite and fixed periods, they
entrust for the time being, as their representatives, the exercise of the fundamental
powers of government.

8. Public International Law is that branch of public law which regulates the relations
of states and of other entities which have been granted an international personality.

9. Belligerent Occupation is the temporary military occupation of the enemys

territory during the war.

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 10. Jus Postliminium or Postlimini refers to the reversion to the old laws and
sovereignty of territory that has been under a belligerent occupation.

SCOPE OR DIVISIONS OF POLITICAL LAW

1. Constitutional Law
2. Administrative Law
3. Law on Public Corporation
4. Law on Public Offices and Officers
5. Election Law
6. Public International Law

POLITICAL LAW DISTINGUISHED FROM CONSTITUTIONAL LAW

Political law covers not only with the Constitution but also with administrative law, law
on public corporation, law on public offices and officers, and law on election, whereas,
constitutional law deals only with Constitution and jurisprudence or case law.

POLITICAL LAW DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

Political law refers to those rules and principles governing the relation of the State with
the inhabitants residing in its territory, whereas, public international law refers to those
principles and rules which govern the relations and dealings of nations with each other.
While political law includes those questions concerning the rights of the inhabitants
guaranteed to them by the fundamental law and those duties and obligations of the
citizens toward their government, public international law includes not only those
questions of rights between nations, governed by what has been called the law of
nations but also those arising under what is usually called private international law or
the conflict of laws concerning the rights of persons within the territory and dominion of
one nation, by reason of acts, private or public, done within the dominion of another
nation.

THE ESSENTIAL NATURE OF POLITICAL LAW

A. DURING A BELLIGERENT OCCUPATION.

1. POLITICAL LAWS. The political laws of the occupied territory are merely suspended
subject to revival under the principle of jus postliminium or jus postlimini upon the end of
the occupation.

The rule suspending political laws affects only the civilian inhabitants and is not intended
to bind enemies in arms.

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 The exception, however, is that the rule does not apply to the law on treason although
decidedly political in character on the following reasons, to wit:

a. A citizen owes an absolute and permanent allegiance to his government;

b. The sovereignty of the Government is not transferred to the enemy by mere
occupation;
c. The subsistence of the sovereignty of the legitimate government in a territory
occupied by the military forces of the enemy during the war is one of the rules of
international law; and
d. What is suspended is only the exercise of the rights of sovereignty.

2. NON-POLITICAL LAWS. The non-political laws are deemed continued since they are
intended to govern the relations of individuals as among themselves and are not generally
affected by changes in regimes or rulers unless changed by the belligerent occupant.

3. JUDICIAL DECISIONS. The judicial decisions are valid during the occupation and
even beyond the occupation except those of political complexion, which are automatically
annulled upon the restoration of the legitimate authority.

B. WHEN THERE IS A CHANGE OF SOVEREIGNTY.

1. THE POLITICAL LAWS. The political laws of the former sovereign are not merely
suspended but abrogated and fallen to the ground ipso facto insofar as they regulate the
relation between the ruler and the ruled. The exception is, however, that when political
laws are retained or re-enacted by a positive act of the new sovereign either:

a. by the Commander-in-chief during the war, or

b. by Congress during peace time.

2. THE NON-POLITICAL OR MUNICIPAL LAWS. The non-political or municipal laws

continue in operation with full force and effect insofar as they regulate private relations
only. The exception is, nonetheless, that when non-political or municipal laws are:

a. changed by the new sovereign by an affirmative act of either the commander-in-

chief during the war, or Congress during peace time.
b. contrary to the Constitution, or institution of the new sovereign.

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 PEOPLE vs. PERFECTO
43 Phil. 887

Facts: The defendant was prosecuted for having published an editorial against certain
members of the Senate in violation of Article 256 of the Spanish Penal Code which
punished "any person who, by word, deed, or writing, shall defame, abuse, or insult any
Minister of the Crown or other person in authority."

Issue: Whether or not Article 256 of the Spanish penal Code partakes of the nature of
political law.

Held: Political law has been defined as that branch of public law that deals with the
organization and operation of the governmental organs of the State, and defines the
relations of the State with the inhabitants of its territory.

The provisions of Article 256 of the Spanish Penal Code had been automatically
abrogated, being political in nature, are contrary to the genius and fundamental principles
of the American character and system of government, and were crowded out by
implication as soon as the United States established its authority in the Philippine Islands.

MACARIOLA vs. ASUNCION

114 SCRA 77

Facts: Paragraphs 1 and 5, Article 14 of the Code of Commerce incapacitate or prohibit

judges and justices and other public officers from engaging in business.

Petitioner alleged that respondent judge Asuncion violated the aforestated provisions of
the Code of Commerce when he associated himself with Traders Manufacturing and
Fishing Industries, Inc. as a stockholder to engage in business.

Issue: Whether or not paragraphs 1 and 5, Article 14 of the Code of Commerce partake
of the nature of political law.

Held: Political law has been defined as that branch of public law that deals with the
organization and operation of the governmental organs of the State and defines the
relations of the State with the inhabitants of its territory.

It may be recalled that political law embraces constitutional law, law of public
corporations, administrative law, law on public officers, and law on election.

By well-settled public law, upon cession of territory by one nation to another, either
following a conquest or otherwise, those laws which are political in their nature and
pertain to the prerogatives of the former sovereign immediately cease upon the transfer of
sovereignty.
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 However, such political laws of the prior sovereignty as are not in conflict with the
Constitution or institutions of the new sovereign may be continued in force if the
conqueror shall so declare by affirmative act of the commander-in-chief during the war, or
Congress in time of peace.

Those non-political or municipal laws of the newly acquired territory not in conflict with
the laws of the new sovereign continue in force without the express assent or affirmative
act of the conqueror

It is our considered view that although the aforestated provisions are incorporated in the
Code of Commerce which is part of the commercial laws of the Philippines, it, however,
partakes of the nature of a political law as it regulates the relationships between the
government and certain public officers and employees like justices and judges.

Specifically, Article 14 of the Code of Commerce is political in nature and partakes more
of the nature of administrative law because it regulates the conduct of certain public
officers and employees with respect to engaging in business, and has already been
abrogated because there is a change of sovereignty from Spain to the United States, later
to the Republic of the Philippines unless they are expressly re-enacted by affirmative act of
the new sovereign. There appears no enabling or affirmative act that continued the
effectivity of the aforestated provisions of the Code of Commerce after the change of
sovereignty.

Consequently, Article 14 of the Code of Commerce has no legal and binding effect and
cannot apply to the respondent judge.

VILAS vs. CITY OF MANILA

42 Phil. 953

Facts: Before the cession of the Philippines to the United States by the Treaty of Paris,
Vilas was a creditor of the City of Manila. When the City of Manila was incorporated under
Act No. 183 of the Philippine Commission, Vilas brought an action against the City of
Manila to recover the sum due him.

As a matter of defense, it was claimed that the old City of Manila that incurred the
indebtedness had been dissolved by the change of sovereignty and that by the
incorporation of the new city under Act No. 183, the liability of the old city has already
been extinguished.

Issue: Whether or not the City of Manila stands liable to its creditor.

Held: That there is a total abrogation of the former political relations of the inhabitants
of the ceded region is obvious; that all laws, therefore, in force which are in conflict with

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the political character, constitution, or institutions of the substituted sovereign lost their
force, is also plain.

But it is equally settled in the same public law that the great body of municipal law that
regulates private and domestic rights continues in force until abrogated or changed by the
new ruler.

The juristic identity of the corporation has in no wise been affected, and in law, the
present city is in very legal sense the successor of the old. As such it is entitled to the
property and property rights of the predecessor corporation, and in law subject to all its
liabilities.

The City of Manila stands liable to Vilas.

LAUREL vs. MISA

77 Phil. 856

Facts: Laurel, a detainee for alleged collaboration with the enemy during the Japanese
occupation, petition for a writ of habeas corpus alleging that Article 114 of the Revised
Penal Code (re Treason) could not be applied to him for his actuation during the
occupation because at that time the sovereignty of the legitimate government of the
Philippines had been suspended, and consequently, the correlative allegiance of Filipino
citizens thereto was also suspended.

Issue: Whether or not the sovereignty of the legitimate government of the Philippines
was suspended during the Japanese occupation.

Held: The sovereignty of the legitimate government of the Philippines was never
suspended; what was suspended was the exercise of that sovereignty. Therefore,
throughout the period of the belligerent occupation, the allegiance of the Filipinos to the
legitimate government was never suspended.

There is no such thing as suspended allegiance insofar as a citizen or subject owes, not a
qualified and temporary, but an absolute and permanent allegiance which consists in the
obligation of fidelity and obedience to his government or sovereign. This absolute and
permanent allegiance should not be confused with qualified and temporary allegiance
which a foreigner owes to the government or sovereign of the territory where he resides,
so long as he remains there, in return for the protection he receives, and which consists in
the obedience to the laws of the government or sovereign.

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