POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW: An Overview

Political Law and Public International Law are two interconnected branches of law that govern the organization and operation of governments and the relationships between sovereign states, respectively. Below is a comprehensive outline of these two fields.

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PART I: POLITICAL LAW

Political Law refers to the legal principles that regulate the relationship between the government and its citizens, as well as the organization and functioning of the government itself. It covers a broad range of topics, including constitutional law, administrative law, and the law on public officers. The following are the core concepts within Political Law:

1. Constitutional Law

Constitutional Law is the branch of political law that deals with the interpretation and application of the Constitution. It outlines the structure of the government, the powers of its various branches, and the rights of the people.

• Constitution: The fundamental law that establishes the framework of government and limits its powers. The 1987 Constitution is the current constitution of the Philippines.

  • Principles and Policies: The Constitution begins with fundamental principles such as sovereignty of the people, separation of powers, checks and balances, and the rule of law.

  • Bill of Rights: A significant part of the Constitution that guarantees civil liberties, such as due process, equal protection, freedom of speech, religion, and assembly.

  • Doctrine of Separation of Powers: Divides government powers into three branches – Executive, Legislative, and Judicial. Each branch has specific powers and responsibilities:

    • Executive Branch: Headed by the President, responsible for enforcing laws.
    • Legislative Branch: Composed of the Senate and the House of Representatives, responsible for making laws.
    • Judicial Branch: The Supreme Court and lower courts, responsible for interpreting laws.

  • Judicial Review: The power of courts to declare a law or executive act unconstitutional. It is a key feature of constitutional law, ensuring that laws and executive actions comply with the Constitution.

  • Amendments and Revision: The Constitution can be changed through amendments or revisions. Amendments may be initiated by Congress, a constitutional convention, or a people's initiative.

  • State Immunity: The state cannot be sued without its consent, known as the doctrine of non-suability.

2. Administrative Law

Administrative Law governs the rules and regulations set by government agencies to implement the laws passed by Congress. It includes the exercise of quasi-legislative (rule-making) and quasi-judicial (adjudicatory) powers by administrative agencies.

• Administrative Agencies: Bodies created by the legislature to oversee specific areas (e.g., Labor, Environment, Health).

• Quasi-Legislative Power: The authority of administrative agencies to create rules and regulations to carry out the provisions of a statute.

• Quasi-Judicial Power: The power of administrative agencies to decide on cases involving the application of their rules and regulations.

• Judicial Review of Administrative Actions: Courts can review administrative actions for any grave abuse of discretion, especially when they violate constitutional rights or exceed their delegated authority.

3. Law on Public Officers

This area of political law deals with the rights, duties, and responsibilities of public officers.

• Qualifications and Disqualifications: Public officers must meet specific criteria to hold office, including citizenship, age, residency, and capacity to discharge duties.

• Accountability: Public officers are accountable to the people. Mechanisms like impeachment, recall, and administrative actions are in place to ensure this accountability.

• Civil Service: Government employees fall under the civil service system, which ensures merit-based hiring and protects workers from political influence.

• Election Law: This includes the laws governing the conduct of elections, such as the Omnibus Election Code, regulation of campaign finance, and provisions on electoral fraud.

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PART II: PUBLIC INTERNATIONAL LAW

Public International Law governs the relationships between sovereign states, international organizations, and, to some extent, individuals. It includes treaties, conventions, customary international law, and principles recognized by civilized nations. Public International Law plays a significant role in ensuring peaceful relations, human rights protections, and global cooperation. Key areas include:

1. Sources of International Law

International law is derived from various sources, which are enumerated under Article 38 of the International Court of Justice (ICJ) Statute:

• Treaties and Conventions: Binding agreements between states that establish legal obligations. A state must explicitly consent to be bound by a treaty.

• Customary International Law: Practices that states consistently follow out of a sense of legal obligation. For example, diplomatic immunity is a principle of customary law.

• General Principles of Law: Principles that are universally recognized by legal systems, such as good faith and equity.

• Judicial Decisions and Scholarly Writings: While not binding, these can guide the interpretation of treaties and customary international law.

2. State Sovereignty and Jurisdiction

States are the primary subjects of international law and enjoy sovereignty, meaning they have supreme authority within their territories. However, they are also bound by international obligations.

• Territorial Jurisdiction: A state has exclusive jurisdiction over all persons, properties, and events within its territory.

• Extraterritorial Jurisdiction: In certain cases, a state may exercise jurisdiction outside its territory, such as in cases involving crimes against humanity or violations of international norms (e.g., piracy, terrorism).

• Sovereign Immunity: States are generally immune from the jurisdiction of foreign courts unless they consent to be sued.

3. International Organizations

International organizations play a significant role in facilitating cooperation between states and addressing global challenges.

• United Nations (UN): The UN is the most prominent international organization, aimed at maintaining international peace and security. It includes various bodies like the General Assembly, the Security Council, and the International Court of Justice.

• International Court of Justice (ICJ): The principal judicial organ of the UN, the ICJ settles disputes between states and gives advisory opinions on legal questions referred to it.

• International Criminal Court (ICC): The ICC prosecutes individuals for international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.

4. International Human Rights Law

This area of international law protects the fundamental rights of individuals, regardless of nationality. Key instruments include:

• Universal Declaration of Human Rights (UDHR): A landmark document adopted by the UN General Assembly in 1948, setting out fundamental human rights.

• International Covenant on Civil and Political Rights (ICCPR): A multilateral treaty that commits states to respect civil and political rights of individuals, such as freedom of speech, religion, and the right to a fair trial.

• International Covenant on Economic, Social and Cultural Rights (ICESCR): A treaty that guarantees rights related to work, education, health, and an adequate standard of living.

5. Law of the Sea

The United Nations Convention on the Law of the Sea (UNCLOS) is the principal international agreement governing maritime issues, including:

• Territorial Waters: States have sovereignty up to 12 nautical miles from their coast.

• Exclusive Economic Zone (EEZ): A state has special rights regarding the exploration and use of marine resources up to 200 nautical miles from its coast.

• High Seas: Areas beyond national jurisdiction where freedom of navigation is guaranteed.

6. International Humanitarian Law (IHL)

Also known as the law of armed conflict, IHL seeks to limit the effects of war on individuals and property. It includes:

• Geneva Conventions: A series of treaties that set standards for the humane treatment of individuals during war, including soldiers, civilians, and prisoners of war.

• Hague Conventions: Treaties that regulate the conduct of hostilities, including the use of weapons and military tactics.

7. International Dispute Resolution

Peaceful resolution of disputes between states is a cornerstone of international law. Methods include:

• Negotiation: Direct discussions between states to resolve disputes.

• Mediation and Conciliation: Third-party involvement to facilitate the settlement of disputes.

• Arbitration: A binding decision made by an impartial tribunal based on international law.

• Adjudication: Refers to judicial proceedings, such as those before the ICJ, where legal disputes between states are settled.

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CONCLUSION

Political Law governs the internal organization of states and their relationship with their citizens, while Public International Law regulates the conduct of states and international entities in their interactions with one another. Both fields are critical in ensuring the rule of law, the protection of human rights, and the maintenance of international peace and order. Political Law ensures good governance and protects individual freedoms domestically, while Public International Law fosters cooperation and resolves conflicts on a global scale. Together, they form the backbone of legal systems in both the national and international arenas.

Local and Overseas Absentee Voting | Suffrage | ELECTION LAW

Election Law: Local and Overseas Absentee Voting in the Philippines

I. Constitutional and Statutory Framework

The right to suffrage is enshrined in the 1987 Philippine Constitution under Article V. However, this is limited to Filipino citizens, including qualified overseas Filipinos, as prescribed by law.

1. Constitutional Basis (Article V):

   • Section 1 provides that suffrage may be exercised by all citizens of the Philippines, who are not disqualified by law, and who meet the age and residency requirements as may be determined by law.
   • Section 2 allows Congress to design a system for absentee voting by qualified Filipinos abroad.

2. Statutory Law:

   • The Omnibus Election Code (Batas Pambansa Blg. 881) is the primary legislative framework governing elections in the Philippines. This was further supplemented by Republic Act No. 9189, known as the Overseas Absentee Voting Act of 2003, and later amended by Republic Act No. 10590, otherwise known as the Overseas Voting Act of 2013, to provide specific regulations for absentee voting by Filipinos overseas.

II. Local Absentee Voting (LAV)

Local absentee voting (LAV) allows certain groups of voters who are unable to vote in their place of registration on Election Day due to public service or work obligations to vote for national positions such as the President, Vice President, Senators, and Party-list Representatives. LAV is governed by Executive Order No. 157 and various Commission on Elections (COMELEC) resolutions.

1. Eligible Voters: Local absentee voters include:

   • Members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), who are assigned in places where they cannot vote on Election Day.
   • Government officials and employees, as well as members of the media, including their technical and support staff, who are performing election-related duties.

2. Requirements:

   • Absentee voters must apply for local absentee voting with the COMELEC before the election period, usually following deadlines specified in official resolutions.
   • They vote in advance, typically 10 days before the actual Election Day, but only for national positions.

3. Voting Process:

   • Absentee voters cast their votes manually in designated voting centers or through special voting mechanisms set by the COMELEC.
   • Ballots are transmitted to COMELEC and canvassed along with regular election returns.

4. Disqualifications:

   • Local absentee voters are prohibited from voting for local positions such as mayor or governor, as they are not physically present in their place of registration.

III. Overseas Absentee Voting (OAV)

Overseas absentee voting (OAV) is a mechanism that allows Filipinos residing or working abroad to vote for national positions, including the President, Vice President, Senators, and Party-list Representatives. This right is specifically provided by Republic Act No. 9189 (Overseas Absentee Voting Act of 2003), as amended by Republic Act No. 10590.

1. Eligible Voters:

   • Filipino citizens abroad who are at least 18 years old on Election Day and are not otherwise disqualified by law.
   • Dual citizens (Filipinos with foreign citizenship but retain their Filipino citizenship) can vote, provided they have registered as overseas voters.

2. Registration:

   • Overseas Filipinos must register with the Philippine embassy, consulate, or a designated Philippine Overseas Labor Office (POLO) in their country of residence. The COMELEC, through its Office for Overseas Voting (OFOV), administers registration.
   • Registration is open for several months prior to Election Day, and an application for registration is submitted in person or through other methods specified by COMELEC.

3. Voting Process:

   • Overseas absentee voters may vote via personal voting at Philippine embassies, consulates, or other designated posts, or through postal voting in select jurisdictions.
   • COMELEC Resolutions designate specific modes of voting (postal or personal) depending on the host country’s conditions.
   • Voting is held earlier than the election period in the Philippines, and the period for overseas voting is typically longer, lasting around 30 days before the date of the national election.

4. Disqualifications:

   • The following are disqualified from participating in overseas absentee voting:
     • Persons convicted by final judgment of a crime punishable by at least one year of imprisonment.
     • Those who have been declared insane or incompetent by competent authority, unless a subsequent declaration has lifted such status.
     • Filipinos who have renounced their Philippine citizenship or pledged allegiance to another country’s government.

5. Voting for National Positions Only:

   • Overseas absentee voters can only vote for national elective positions (President, Vice President, Senators, and Party-list Representatives). They are not allowed to vote for local officials (e.g., mayor, governor, congressman, etc.) as they are not residents of the localities in the Philippines.

6. Canvassing and Transmission of Votes:

   • Overseas ballots are transmitted to COMELEC’s central office for canvassing. The embassies or consular offices coordinate the transmittal of ballots and election results.
   • The votes of overseas absentee voters are then consolidated with local votes during the national canvassing process.

IV. Legal Challenges and Issues

1. Disenfranchisement: Despite the establishment of absentee voting, certain challenges persist, particularly for overseas voters. These include:

   • Lack of access to voting centers in certain countries.
   • Insufficient resources and personnel in embassies and consulates, leading to delays or obstacles in voting processes.
   • Disqualification of those who fail to register within the prescribed period.

2. Dual Citizens and Absentee Voting: The Dual Citizenship Act (Republic Act No. 9225) permits natural-born Filipinos who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship, thus enabling them to vote in Philippine elections. However, this often requires additional administrative steps such as re-registration as an overseas absentee voter.

3. COMELEC Resolutions: Each election cycle, the COMELEC issues updated guidelines and resolutions to implement the Overseas Absentee Voting Act. These resolutions cover details such as the specific schedules, modalities, and operational instructions for implementing both local and overseas absentee voting systems.

4. Technical and Security Concerns: Issues related to the security of postal ballots and the integrity of personal voting abroad have been raised, particularly in ensuring that the sanctity and secrecy of the vote are maintained. The possibility of fraud or coercion, particularly in countries with significant Filipino populations, requires vigilance from both COMELEC and the Department of Foreign Affairs (DFA).

V. Conclusion

The laws governing Local and Overseas Absentee Voting in the Philippines are aimed at expanding the right of suffrage to citizens who are unable to vote in their local precincts on Election Day, particularly due to public service obligations or residency abroad. While legislative measures such as the Overseas Voting Act and related COMELEC resolutions have laid down the legal framework, actual implementation has faced various logistical and procedural challenges, particularly with overseas voting.

Nevertheless, the existence of these voting systems marks a significant step in ensuring that Filipino citizens, regardless of their location, can participate in the democratic process.