STATE IMMUNITY
may by himself alone comply with the decision
The State may not be SUED without its consent.
BASIS:
“Justice Holmes:
“on the legal practical ground that:
1. There can be no legal right against the authority
which makes the law on which the right
depends”
- The demands and inconvenience of litigation
will:
2. Divert the time and resources of the State from
the more pressing matters demanding its
attention, to the prejudice of the public
welfare.
- Also available to foreign states insofar as they
are sought to be sued in the courts of the local
State.
 Sovereign equality of States
The State cannot assert jurisdiction
over another in violation of the maxim
PAR IN PAREM NON HABET
IMPERIOUM.
APPLICATION:
- −Action against the State
*if it would need the appropriations of public
funds to satisfy the judgment if the claim were
allowed;
*if acted on behalf of the government within
the scope of their authority;
*if the suit requires the government to
perform an affirmative act to satisfy the
judgment;
- Test to determine if a suit is against the State:
*assuming the decision is rendered against
the pulic official impleaded/enforcement
thereof will require an affirmtive act from the
State, such as the appropriation of the needed
amount to satisfy the judgment.
-if it does, the suit is one against the State
and its inclusion as party defendant is
necessary;
-if on the other hand, theofficer impleaded
of the court without the necesity of involving
the State,
-then the suit can prosper against him and
and will not be considered a claim against
the State.
WAIVER OF IMMUNITY
The State may be SUED if it gives its consent.
FORMS OF CONSENT
1. EXPRESS Consent:
1.1 General Law (ACT No. 3083)
-the Government of the Philippines hereby
consents and submits to be sued upon any
moneyed claim involving liability arising from
contract, express or implied, which could serve
as a basis of civil action between private parties.
1.2 Special Law
-enacted by the Philippine Legislature
authorizing an individual to sue the Philippine
Government for injuries he had sustained
when his motorcycle collided with a
government ambulance.
2. IMPLIED Consent:
2.1 when the State itself files a complaint, the
defendant is entitled to file a counterclaim
against it:
2.2 when the Government enters into a contract,
-the State is then deemed to have divested
itself of the __________ of sovereign
immunity’
-and descended to the level of the ordinary
individual’
-suability will only follows if the contract is
altered into by the Government in its propriety
capacity (US versus RUIZ)
-State immunity now extends only to acts
JURE IMPERII
-the State may be said to have descended to
the level of an individual and thus be deemed
to have tacitly given its consent to be sued
only when it enters into business contracts.
TAKE NOTE: (REPUBLIC versus VILLAMOR)

When the State gives its consent to be sued, it does not
thereby also consent to the execution of the judgment
against it:
- execution will require another waiver, lacking
which the decision cannot be enforced against
the State:
- public funds cannot be the object of
garnishment proceedings even if the consent
to be sued had been previously granted and
the State liability adjudged.
- It may limit claimants action action
“only up to the completion of proceedings
anterior to the stage of execution”
- Power of the court ends when the judgment is
rendered:
- Disbursement of public funds must be covered
by the corresponding appropriation as
required by law.
- Funds of public corporations which can sue
and be sued were no exempt from
garnishment (PNB versus PABALON)
SUITS AGAINST GOVERNMENT AGENCIES:
•Where suit is filed not against the government itself or its
officials, but against one of its entities:
- It must be ascertained whether or not the
State (as principal that may be ultimately held
liable) has given consent to be sued
- Will depend in the first instance on the
government agency in pleaded is incorporated
or unincorporated.
• Incorporated Agency
- Has charter of its own that invest it with a
separate juridical personality
e.g. SSS, UP, City of Manila
•Unincorporated Agency
-It has no separate juridical personality
-Merged in the general machinery of the
government
e.g. DOJ, Bureau of Minds, Government
Printing Office
INCORPORATED AGENCY
- Test of its suability is found in its charter
 if suable if its charter says so,
regardless of the function it is
performing.
UNINCORPORATED AGENCY:
- any suit filed against it is necessarily an action
against the Philippine Government of which it
is a part.
- It is necessary to determine the nature of the
functions in which the agency is engaged.
Monetary – Suable
Government – not suable
- Thus, the test in every case is the nature of the
primary functions being discharged.
CASES:
1. National Airports Corporation versus Teodoro
- Civil aeronautics Administration has engaged
in private functions and therefore subject to
suit.
2. Bureau of Printing versus Bureau of Printing
Employers Association.
- The non-suability of the State is available to
the agency even if it is shown that it is
engaged not only in governmental functions
but also as a sideline, or incidentally in
proprietary enterprises.
EXEMPTION FROM LEGAL REQUIREMENTS
- When the State litigates, either directly or
through its authorized officers,
 It is not required to up a bond for
damages
 Or an appeal boond
- Not asked to pay the legal fees prescribed in
the Rules of Court or the costs of the suit
General Rule:
- Inherit is not chargeable
EXCEPT:
1. When it has expressly stipulated to pay it or
2. When interest is allowed by an act of
legislature
3. Eminent domain cases
  Where damages sustained by the
owner take the forms of interest all • There are situations where there is somehow blinding of
the legal rate Powers by and among the three branches of the
government.
Statute of limitations do not run against the State
Exceptions: EXAMPLES:
 Contrary is expressly provided by law 1. In the passage of a general appropriation law
 Where the State is engaged in private allowing funds for the operations of the
business. government.
Under the present constitution, the budget is
SUABILITY VERSUS LIABILITY proposed by the Office of the President and once
• the mere fact that the State is SUABLE does not mean prepared, the same will be submitted to the House
that it is liable. of Representatives and submitted back to the
•the waiver of immunity by the State does not mean President for his approval.
conversion of its liability
•SUABILITY 2. In the impeachment case, the Supreme Court Chief
- Result of the express or implied consent of the Justice would serve as a presiding officer alongside
State to be sued with the Senate President
•LIABILITY
- Determined after hearing on the basis of the CJ, SP
relevant laws and the established facts
7/20/16
•When, therefore, the State allows itself to be sued, all it POINTERS FOR PRELIM
does in effect is to give other party an opportunity to save, 1. Memorize
if it can, that the State is liable. - Archipelagic doctrine
2. Give definition and example of
- Checks and balance
- Blending of powers
- Private bills
3. Conflict of interest
4. Disqualifications

CHECK AND BALANCE

•Each branch is supposed to operate under its domain or
scheme but under our present set-up, the other branches
of government have their own says of checking possible
abuses committed by the other branches of the
government observing the principles of checks and
balances.

• Between Legislative branch & Executive Branch

- President is vested with powers to disapprove
and all laws enacted by the congress in the
exercise of its VETO POWER.

- Congress has the power to override the Veto

Power of the President by a vote of 2/3 of the
members of both houses.

BLENDING OF POWER
•Between Executive Branch & Judicial Branch
• While the three branches of government are separate - The President can exercise its pardoning
and distinct from each other, they likewise operate under power such that the President can free the
the principle of interdependence.
 person from imprisonment even if the person
is validly convicted by the Courts of Law.

- Conversely, the Judicial Department can also

check the acts of the President through its
power of Judicial Review.

•Between Legislative Branch and Judicial Branch

- The Judiciary may check the acts of legislative
branch by declaring laws enacted by Congress
as rather unconstitutional.

- Conversely, the legislative department can

also check the acts of judiciary by passing a
law depriving or limiting the jurisdiction of the
Supreme Court as well as the jurisdiction of
the lower courts

FINALS IN MUNICIPAL CORPORATION

MUNICIPAL CORPORATION:
 - Local Governments – are essentially municipal Land Area – at least 50 sq. km (contagious) need not
corporation contagious if
 It is a body politic and corporate It comprises
constituted by the incorporation of 2/more island
the inhabitants of a city or town for
the purpose of local government Population – 25,000
thereof
Income – 2.5 million (for the last two years based on the
MUNICIPAL CORPORATION – established by law 1991 constant prices )
- Partly as an agent of the state to assist in the
civil government of the country
GENERAL CRITERIA FOR THE BARANGAY
- But chiefly to regulate and administer the local
internal affairs of the city, town, district Population – at least 2,000
incorporated 5,000 metro manila

DUAL FUNCTION OF LOCAL GOVERNMENT CLASSIFICATION OF CITIES

1. As a Political Subdivision of the National
Government.
2. As a corporate entity representing the inhabitants
of its territory
GENERAL CRITERIA FOR THE PROVINCE - income AND either
land area
population
-if it apprises at 2 or more
Island
separated by a charter city
or cities which do not
contribute to the income
of the province
contiguous
sufficient to provide for such basic service & facilities to exact &
requirement of its populace
need not be contiguous if
-Land Are – at least 2,000 sq. km
-Population – not less than 250,000 or certified by the NSO
-Income- at least P20million as certified by the NSO
GENERAL CRITERIA FOR THE CITY (territory shall be identified
by meters and bounds)
Land Area – at least 100 sq. km does not apply if city
propose to be created
is composed of 2/more
islands
Population – 150,000 200,000 highly urbanized
Income – at least P20 Million 50Million highly urbanized
- 100 million municipality converted
into city
cluster of barangays to be
formed as a new city
GENERAL CRITERIA FOR THE MUNICIPALITY
(territory shall be properly identified by
meters and bounds)
1. HIGHLY URBANIZED CITIES – viability
- Those which are considered viable to perform
their functions and services
- Allowed to retain their customary form per
province
- Criteria: Land Area – 100 sq. km
Population – at least 200,000
Income – P50 million
- Their residents do not vote for municipal
officials
CORPORATION
- Is an artificial being created by operation of
law, having the right of succession and the
powers, attributes, and properties expressly
authorized by law or incident to its existence
CLASSIFICATION
1) Public - created for the public use
2) Private - formed for some private purpose,
benefit, aim or end; created for
for private objects
3) Quasi-Public- public corporation that renders
public service or supplies public
wants
SPECIAL CLASSES OF CORPORATION
1) De facto corporation
2) Corporation by prescription
3) Corporation by estoppels
PUBLIC AND PRIVATE CORPORATIONS, DISTINGUISHED:
Public Corporation – if created by the State as its own
agency or instrumentality
-if created to carry out governmental
 functions
- Creations of the State either by general or
special act
- Involuntary consequence of the legislation
Private Corporation – not created by the State or its own
agency or instrumentality
-if created not to carry out government
functions
- Created by the will of the incorporator
- With the recognizance of the state
- Voluntary agreement by and among the
managers
PUBLIC CORPORATION, CLASSIFIED
1) Quasi-corporation – created by the State for a
limited purpose
2) Municipal Corporation- body politic and corporate
- constituted by the incorporation of the
inhabitants
- for the purpose of local government
- refer to LGU’s
ELEMENTS OF MUNICIPAL CORPORATIONS
1) Legal Creation/Incorporation
2) Corporate Name
3) Inhabitants
4) Territory
DUAL NATURE AND FUNCTIONS OF MUNICIPAL
CORPORATIONS
1) Governmental (public or Political)
2) Proprietary (patrimonial or corporate)
•Governmental Function – administration of the power of
the State
functioning the public welfare
•Involves the administration of the power of the State
and promoting public welfare
•the local government exercise this as agents of the State
- Example: passage of traffic ordinances,
preservation of public peace and order
regulatory measures
Proprietary Function – special benefit and advantage of the
community
- Attainment of their collective needs
-Exercise for the special benefit and advantage of the
community and for the attainment of their collective needs
-The local government exercises this as an entity
representing the inhabitants.
-example:
- maintenance of parks, cemeteries and fiesta
Celebrations.
IMPORTANCE OF DISTINCTION:
1) In the liability of municipalities for their acts and
those of their officers
2) In the extent of legislative control over the same
CASES:
1) BARA IDASA VS. COMELEC
- A local government must be self-sufficient to
enable it to exercise its corporate powers and
serve its constituents
2) SURGAO ELECTRIC CO. INC VS. MUNICIPALITY OF
SURIGAO
-governmental affairs do not use their
governmental character by being delegated to the
municipal governments
3) TATEL VS. MUNICIPALITY OF VIRAC,
CATANDUANES
4) MUNICIPALITY OF SAN FERNANDO VS. FIRME
- A municipality is not liable for facts committed
by its regular employees in the discharge of
governmental functions.
- The municipality is answerable only when it is
acting in a proprietary capacity
POWERS OF LGU
1) Those that are expressly granted to them
2) Those that are implied from those that are granted
to them
3) Those that are necessary, appropriate, or
incidental for their efficient and effective
governance
4) Those that are essential to the promotion of the
general welfare of their inhabitants
KINDS OF MUNICIPAL CORPORATIONS
1) De Jure
- If its creation perfectly complies with all the
requirements of incorporation;
2) De Facto
 - When not all requirements were complied
with in its incorporation, but there are, at
least, the following namely:
a. Valid law authorizing incorporation
b. Attempt in good faith to organize it
c. Colorable compliance with law
d. Assumption of corporation powers
LOCAL AUTONOMY:
- Signifies a more responsive and accountable
local government structure instituted through CASE:
a system of decentralization
CASE:
1) LIMBONA VS. MANGELIN
- Autonomy is either decentralization of
administration or decentralization of power POLITICAL SUBDIVISIONS:
- Decentralization of administration – when the
central government delegates administrative
powers to political subsidiaries.
- Decentralization of power- includes an
abdication of political power in favor of LGU’s
declared to be autonomous
2) SAN JUAN VS. CSC
- Where the law is capable of two
interpretations, one in favor of centralized
power in Malacanang and the other beneficial
to local autonomy.
3) LIDA VS. CA
-the charter of the LLDA which embodies a valid
exercise of police power should prevail over the
LGC of 1991 on matters affecting Laduna de Bay.
TAKE NOTE:
- Section 1, Article X of the 1987 Constitution
does not create LGU’s. A particular LGU should
still be created by law.
- A law cannot, for example, abolish barangays
REGULAR LGU’s
- Provinces, cities, municipalities, barangays CASE:
AUTONOMOUS REGIONS:
MUSLIM MINDANAO, CORDILLERAS
CLASSIFICATION OF CITIES:
1) Highly Urbanized Cities
- Cities that comply with the statutory
requirements on income (50 million)
2) Independent Component
- Cities whose charters prohibit their voters
from voting and be voted for provincial
elective officials
3) Component Cities
- All other cities
1) ABELLA VS. COMELEC
- Independent city like Ormoc City are treated
like highly urbanzed cities which are outside
the supervisory power of the province to
which they are geographically attached.
- Section 10, Article X of the 1987 Constitution
 No province, city, municipality or
barangay shall be created divided,
merged, abolished or its boundary
substantially altered
 Except in accordance with the criteria
established in the LGC
 And subject to approval by a majority
of the votes cast in a plebiscite in the
political units directly affected
Resident of the
Political entity
Who would be
economically
dislocated by
the separation
of portion
thereof have a
right to vote in
said plebiscite
1) PROVINCE OF NORTH COTABATO VS. GRP
- The concept of an association state is not
sanction by the constitution
- The following are the only recognized political
subdivisions in the Philippines; provinces,
 cities, municipalities, barangays and the
ARMM and the CAR.
2) PELAEZ VS. AUDITOR GENERAL
- The creation of a local government is a
legislative function
- Even in a situation where congress is not
functioning, the Chief Executive cannot create
LGU
CASES WHEN BARANGAYS ARE CREATED BY CONGRESS:
1) GENERAL REQUIREMENTS:
1.1 LAW
1.2 PLEBISCITE
CASE: MIRANDA VS. AGUIRRE
- The common denominator in Section 10,
Article X of the 1987 Constitution is the
material charged in the Political and Economic
rights of the LGU’s directly affected as well as
the people therein
- It is precisely for this reason that the
Constitution requires the approval of the
people in the political units “directly affected”
1.3 COMPLIANCE WITH CRITERIA ON INCOME,
LAND AREA AND POPULATION
a. Income – must be sufficient & based on
acceptable standards.
b. Population – number of inhabitants
c. Land Area – must be contiguous
CASE: MARIANO VS. COMELEC
- The Constitution does not provide for a
description by meters and bounds as a
condition sine qua bon for the creation of a
LGU or its conversion from one level to
another- convenient only in conversion of a
municipality or a cluster of barangays.
2) SPECIFIC REQUIREMENTS:
2.1 Barangay
- By an ordinance of the Sangguniang
Panlalawigan or Sangguniang Panglungsod
Recommendation of the Sangguniang Bayan
concerned shall be necessary
2.2 Municipality
- only by an Act of Congress
- and subject to the approval by a majority of
votes cast in a plebiscite to be conducted by
the COMELEC in the LG unit or units directly
affected.
within 120 days from the date of its effectivity
2.3 City
- only by an Act of Congress
- and subject to plebiscite
REQUIREMENTS for COVERSION OF
MUNICIPALITY OR A CLUSTER OF BARANGAYS
INTO A COMPONENT CITY
1) Annual Income of P700 million (exclusive
of IRA) AND
2) If it has either of the following:
 At least 100 sq. km. contagious
territory
 A population of at least 150,000
2.4 Highly Urbanized City – duty of the President
to declare as such
Population – at least 200,000
Annual Income – at least P50 million
2.5 Province
- Act of Congress and
- Plebiscite
MERGER AND DIVISION
- Same requirements for their creation
- The territory to be annexed to a municipality
must be contagious or adjacent
SUBSTANTIAL CHANGE OF BOUNDARIES
- A plebiscite must be conducted within 120
days from the DOF of the Law of Ordinance
effecting such action.
1. SETTLEMENT OF BOUNDARY DISPUTES- review of
pp. 60-62)
a. Disputes involving 2 or more barangays in the
same city or municipality
- Sangguniang Panglungsod or Sangguniang
Bayan concerned
 b. Disputes including 2 or more municipalities - The creation of autonomous regions in Muslim
within the same province Mindanao and the Cordilleras, which is peculiar
to the 1987 Constitution, contemplates the
- Sangguniang Panlalawigan grant of Political Autonomy and not just
administrative autonomy to these regions.
c. Disputes including municipalities or
component cities of different provinces

- Sanggunians of the provinces concerned

d. Boundary disputes involving a component city

or municipality on the one hand and a highly
urbanized city on the offer, or 2 or more highly
urbanized cities

- Respective Sanggunians of the Parties

ABOLITIONS:
- When?

 When its income, population or land

area has been irreversibly reduced to
less than the minimum standards
prescribed for its creation

 Through law or ordinance

AUTONOMOUS REGIONS

1. Creation

- Congress is mandated to enact an organic act

for each autonomous region

- Two objective in the plebiscite held for the

purpose of creating an autonomous region:

1. In order to determine the will of

the inhabitants to create an
autonomous region

2. In order to determine which local

governments will form part of the
newly created autonomous
region (only their local units with
favorable majority shall compose
the autonomous regions)

PREPARATION FOR MOCK BAR & ULTIMATELY THE 20 A

CASE: BAR EXAMINATION IN POLITICAL LAW (LECTURED BY:
ATTY. E. SANDOVAL)
1. ORDELS VS. COMELEC
- The province of Ifugao I- THE PHILIPPINE CONSTITUTION:

2. ABBOS VS. COMELEC A. Constitution – definition, nature and

concepts
 B. Part
C. Amendments and Revisions
D. Self-executing and non-self provisions
-self executing provisions
-provisions which is complete in itself
-and becomes operative without the aid of
supplementary or enabling legislations
-or that which supplies sufficient rule by
means of which the right if government
may be enjoyed or protected.
E. General Provisions
II- GENERAL PROVISIONS
A. NATIONAL TERRITORY
*First Sentence - - - - - the national territory
comprises the Philippine Archipelago, with
all the islands and waters embraced
therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction consisting of its terrestrial,
fluvial, and aerial domains, including its
territorial sea. The seabed, the subsoil,
the insular shelves, and other submarine
areas.
* What comprises National Territory?
1. archipelago
2. all other territories over which
the Philippine has sovereignty or
jurisdiction.
*QUERY : would you consider KALAYAAN
GROUP OF ISLANDS as part of Philippine
Archipelago?
ANSWER: NO, not even geographically.
But it is part of our territory
*Philippine Archipelago (historically &
legally)
- We enter to waters and islands, granted by Spain
by virtue of:
1. Treaty of Paris – Main treaty: Luzon,
Visayas and Mindanao
-in this treaty though, there were
territories omitted (like Cagayan, Sulu
& Cebu.
2. Treaty in Washington – (Nov. 7, 1900)
–Ancillary Treaty
-this treaty was entered to region
Cagayan, Sulu and Cebu
3. January 1930 – Ancillary treaty:
another treaty was ordered between
Great Britain and U.S
-Great Britain coded Turtle Island &
Margsi Island to U.S.
*TAKE NOTE: Two important phrases in Article I
1. Philippine Archipelago
2. All other territories over which the
Philippine has sovereignty or
jurisdiction
*Second Sentence of Article I - - - The waters
around, between, and connecting the islands of
the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines.
*QUERY: May foreign vessel pass including the
right of innocent passage?
ANSWER: NO, but under UNCLOS, by way of
concession by archipelago states to non-
archipelagic states. The archipelagic states are
supposed to designate archipelagic sealane . The
archipelagic sealane is subject to regulation and
control by archipelagic states.
*The baseline slope
- Republic Act 9511
-In 1961, Congress enacted Republic 3045 (original
baseline slope.
-demarcated our baselines as archipelagic state
-identified outermost points- and congress
connected those point with imaginary state
baselines.
-all territories/waters situated within the baseline
are considered as whole
Because of UNCLOS III ratified in 1984, there was a
need to amend RA 3046
-Congress enacted RA 9522 in March 2009 making
adjustment in base points/baselines in compliance
with UNCLOS III
*QUERY: From the standpoint of international law, What is
the significance of RA 9522?
ANSWER: Since it is enacted in compliance with UNCLOS
III, that is now a notice to the whole world of our
_________ baseline as archipelagic state. Other States will
have to respect those baselines.
 - It is from these baselines, we are suppose to
draw our territorial sea-we have sovereignty
- Customs, and fiscal imagination and sanitation
laws
- Contagious
- Territorial sea – right to exploit the living and
non-living resources
- Right to exploit natural resources (living from-
living)
- EEZ
CASE: MAGALONA VS ERMITA – Most important case to
consider whom we fall about National Territory.
- Parliaments questiond RA 9522
- Diminished our National territory dahil hind
napakaloob ang Scarborough & Panatag Shoal
- SC: it even described our national territory.
Scarborough or Panatag Shoal is denied as
adjacent territories whose islans generate
their respective maritime source but it does
not mean they don’t form part. Beside RA
9522 has nothing to do with acquisition or
diminution of land territory)
*QUERY: What are the modes of acquiring territory in
International Law?
ANSWER: Discover & caption, cession, presumption,
accretion.
*QUERY: How is RA 9522 viewed in International Law?
ANSWER: it is a statutory tool demarcating our maritime
baseline as an archipelagic state.
CASE: ARIGO VS SWIFT- About American Naval Vessel: ACS
Guardian under ________ International Law: Foreign Naval
vessels are considered extension of the State where they
belong.
CASE: SAGISAG VS OCHOA – ABOUT EDCA
*QUERY: Why did Permanent Court of Arbitration declare
Scarborough Shoal (Bajo de Msinloc) as a common fishing
around knowing it is with 200 EEZ?
ANSWER: One thing is as sue, Bago de Masinloc is barely
124 nautical miles.
B.STATE IMMUNITY – important topic of Bar Examination:
*Section 3, Article XVI – The State may not be sued
without consent.
*QUERY: If its not in the Constitution, will we still
be bound under that doctrine?
ANSWER: YES, BECAUSE Section 2, Article II. It is
an affirmation of our adherence to International
Laws Doctrine of Incorporation. Among the
generally accepted principle of international law is
State Immunity.
*TWO DOCTRINES
1. INCORPORATION CLAUSE – Section 2, Article II
The Philippine 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.
2. TRANSFORMATION – GAPI doesn’t automatically
form part; there must be an enabling act.
*QUERY: What is the ethical basis of this doctrine?
ANSWER: there can be no legal right as against the
authority that makes the law. This is known as the
Royal Prerogative of Dishonesty as enshrined in the
case of NICARAGUA VS POLY BANK.
*QUERY: Does this apply to foreign states or
government?
ANSWER: YES. The reason is found in another GAPI –
Sovereign equality of all States. (per in paren no habet
imperium)
-it means that all states are sovereign equal --- an equal-
CASE: ARIGO VS SWIFT – waiver under VFA is a waiver of
criminal jurisdiction (not for Writ of Kalikasan)
As to demand for compensation, US has not denied liability.
In fact US, is willing to pay damages. Denied for lack of
jurisdiction because of sovereign equality of all states &
States Immunity.
*You can sue as long as there is waiver.
-How waived? Who may waived?
1. Expressly *only Congress thru-
General law
2. Impliedly
- EXPRESSLY
1. General Law (Act No. 3083)- one must file
a claim with COA, then go to Court (to the
Supreme Court by way of Certiorari)
 -money claims arising from contract with
the Government whether expres/implied
in relation to CA 327 amended by PD 1445
2. Special Law
2.1 Article 2180 – the State may be sued
for damages when acting the special
agent.
2.2 Article 2189
2.3 Charters of GOCC (e.g. SSS, GSIS)
-IMPLIEDLY
1. State itself commences litigation against a
private party, it opens itself to possible
counterclaim.
2. State enters into contract with a private party
OLD RULE: it is depend to have gone down to
the level of the private party. Therefore its
deemed to have waive State Immunity.
Starting US vs RUIZ our Supreme Court
Followed the trends in the US. It began to
qualify.
RESTRICTIVE DOCTRINE
OF STATE IMMUNITY
---This is the new rule now
Supreme Court said that not
every contract, one has to
distinguish between
--jure imperii (sovereign capacity)-
NO WAIVER
-jure gestionis ( proprietary capacity)
WAIVER
CASE: USA VS. RUIZ – jure imperii ; not a waiver
QUERY: If you were the lawyer of the contractor, what will
you do?
ANSWER: convince DFA to take up claim against US; State
to State : this is now a concern of International Law.
CASE: USA VS. GUINTO – The employment contract was in connection with
the operation of cafeteria. The cafeteria cakes to Americans (outsiders.
Proprietary Capacity) (there’s waiver)
Ramifications of State Immunity
1.DISTINGUISH SUABILITY VS. LIABILITY
--Suability --- State waiving its immunity from suit
--Liability ---- Circumstances of the case & applicable law
--Suits against public officers
--General Rule- a suit against public officers is deemed a suit
against the State. Public officials merely acts as the agent
of the State
Exception:
1.
2.
CASE: MUNICIPALITY OF SAN FERNANDO, LA UNION VS.
JUDGE FIRME-
-the judge ordered the Municipality liable. The Supreme
said that suability must be distinguished from liability. The
State does not automatically admits liability. The State may
raise defenses to avoid liability. In this case, the Supreme
Court said that the municipality has a defense. In repair of
Municipal road is a government function. This is a case of
dandum obsque injuna.
2. IN THE MATTER OF EXECUTION TO SATISFY JUDGMENT
AGAINST THE STATE, CAN YOU LEVY ON PROPERTY? CAN
YOU GARNISH STATES MONEY IN THE BANK? (MARAMING
SUMABAY DITO: interesting)
--NO. You will paralyze the operations of the government
that way. It is contrary to public policy.
--When it comes to execution, that will require another
waiver (suggestion of legal remedy)
--so, What’s the remedy? To make representation with
Congress to Congress to make appropriation
--What if Congress refuses to appropriate? Mandamus
CASE: MUNICIPALITY OF LAKAT VS. IAC. The remedy is
Mandamus: In this case, there’s already a final judgment.
The government must be the first one to obey and respect.
A discretionary power becomes ministerial.
3.SUITS AGAINST PUBLIC OFFICIALS:
Demand to sue the state; agent of the
State, and public officer
--- General Rule: (Lansang vs. CA)…. In the performance of
Their duties.
1. Sued in official capacity for acts that are
unlawful & injurious to the rights of
 other . (CASE: Republic vs. Sordeval ) CASE: OPOSA VS. FACTURAN
executed their authority)
---immunity from suit cannot
institutionalize irresponsibility and non- CASE: TAÑAN STRAIT VS. REYES-
accountability nor grant a privileged --Citizens Rule: Any citizen may file an action for
States not claimed by any other official the protection of environment (Section 5 of Rules
of the Republic *
for Enforcement of Environmental Laws)
EXCEPTIONS: 2. Sued in personal capacity although acts
Complained of may have been committed
while occupying position e.g. sexual CASE: International Service for the Acquisition of Agri-
harassment.
Biotech Applicants Inc. vs. Green Spare Southeast Asia
3.committed in bad faith. Philippines.

--- Court of Appeals adopted precautionary principles ( Rule

CASES: AMIGABLE VS. CUENCO OF CEBU – cannot be use to perpetrate
20, Rules of Enforcement of Environmental Laws)
injustice.

--- “better be safe than sorry later on” - this principle state
C.GENERAL PRINCIPLES AND STATE POLICIES: in Cartagena on bio-safety

* Section 1 – The Philippines is a Democratic and --- lack of scientific certainty is no reason to postpone action
Republican State: to avoid potentially or irresponsible harm to the
--- Sovereignty resides in the people
and all government authority mandates from men. environment (memorize) *
CHARACTERISTICS OF PUBLIC OFFICER
1. It is a public trust
2. It may not be inherited --- Section 26
D. SEPARATION OF POWERS
3. It is outside the commerce of men
4. It is not a property
Correlate with impeachment *Section 1. Art. VI- The legislative powers shall be vested in
the Congress of the Philippines which shall consist of a
Section 26. The State shall guarantee Senate and a House of Representatives, except to extent
equal access to opportunities for public reserved to the people by the provision on initiative or
service, and prohibit political dynasties as referendum.
may be defined by law.
*Section 1. Art. VII- The Executive Power shall be vested in
the President of the Philippines.
*Section 12 * the State recognizes the sanctity of
family life and shall protect and strengthen the family as a *Section 1. Art. VIII- The Judicial Power shall be vested in
basic autonomous social institution. It shall equally protect one Supreme Court and in such lower courts as may be
the life of the mother and the life of the unborn from established by law.
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and
development of the moral character shall receive the
support of the government.
CASE: IMBONG VS. OCHEA --- “unborn from concepcion” E.CHECK AND BALANCE
 The Supreme Court talks about the
metaphysical question “when does life F.DELEGATION OF POWERS
begins”
 Life begins at fertilication. It does not begin *Latin Maxim : Potestas delegda non delegan
from implantation. protest

Section 16. The State shall protect and advance the right of CASE: BELGICA VS. OCHOA- There was undue delegation of
the people to a balanced and healthful ecology and accord power to the President under the sufficient standard test
with the rhythm and harmony of nature.
--- this is self executing. This is need not even be in the
Constitution.
*General Rule: What is delegated may not be
further delegated.
 *Exceptions:
(Permissible delegations of power (PETAL) *
1. People (Plebiscite & Referendum)
2. Emergency Power to the President
3. Tariff Powers – the power delegated is quasi-
legislative/rule making/power of subordinate
legislation; what it
4. Administrative Agencies- does if it promulgates
administrative regulations (IRR)
5. Local Government- MASAYA, MARAMING
SABLAY
*QUERY: May the President validly exercise
powers moto proprio?
*ANSWER: NO. Section 23, Article VI- In times of
war or other National Emergency, the Congress
may, by law, authorize the President, for a limited
period and subject to such restrictions as it may
prescribe, to exercise powers necessary and power
to carry out a declared National Policy. Unless
sooner withdrawn by resolution of the Congress,
such power shall cease upon the next adjournment
thereof.
* QUERY: What are the requisites of the Congress
to delegate power? * (NLSD)
*ANSWER:
1. There must be war or other National emergency.
2. The delegation must be for a limited period only.
3. It is always subject to limitations/restrictions as
Congress may prescribe
4. It must be in accordance with declared National
Policy.
*QUERY: What if Congress would like to withdrew
or revoke delegated Power? Is another law
required for that purpose?
*ANSWER: Section 23 (2) Article VI
---Unless sooner withdrawn by resolution of the
Congress, such power shall cease upon the next
adjournment thereof.
-Therefore a mere resolution from Congress will suffice.
*QUERY: What are the test for the valid delegation of
power?
*ANSWER:
1. Competitive Test- so that the delegate will not fill-
in the gaps of law.
2. Sufficient Standard Test- for as long as there are
standards, which standards must be determinate
or at least determinable than the delegation
becomes valid.
SECTION 1 ARTICLE X
--- The territorial and political subdivisions of the Republic of
the Philippines are the provinces, cities, municipalities, and
baragnays. There shall be autonomous region in Muslim
Mindanao and Cordilleras as hereinafter provided.
SECTION 5 ARTICLE X: POWER OF TAXATION
--- Each local government unit shall have the power to creat
its own sources of revenues and to levy taxes, fees, and
charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges, shall accrue
exclusively to the local governments.
SECTION 16, RA 7160
1st sentence : Enact ordinances and resolutions MEMORIZE!
---Every Local Government Unit shall exercise the
powers expressly granted, those necessaryily implied
therefrom, as well as powers necessary, appropriate or
incidental for its efficient and effective governance, and
those which are essential to the promotion of the General
Welfare.
CASE: MOSQUEDA VS. My apology (unreadable) lines.
2nd sentence – POLICE POWER
--- Within their respective territorial jurisdictions,
local government units shall ensure and support, among
other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people
to a balance ecology, encourage and support the
development and appropriate and self-reliant and scientific
and technological capabilities, improve public morals,
enhance economic prosperity and social justice, promote
full employment among their residents, maintain peace and
order, and preserve the comfort and convenience of their
inhabitants.
Section 19, RA 7160 POWER OF EMINENT DOMAIN (OPPVI)
--- A local government unity may, through its chief
executive and acting pursuant to anordinance, exercise the
police power of eminent domain for public use, or purpose,
or welfare for the benefit of the poor and the landless,
upon payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws:
---Provided, however, that the power of eminent domain
may not be exercise unless a valid and definite offer has
been previously made to the owner, and such offer was not
accepted:

---Provided, further, that the local government unit may
immediately take possession of the property upon the filing
of the expropriation proceedings and upon making a
deposit with the proper court of at least 15% of the fair
market value of the property based on the current tax
declaration of the property to be expropriated;
--- Provided, finally, that, the amount to be paid for the
expropriated property shall be determined by the proper
court, based on the fair market value at the time of the
taking of the property.
III—LEGISLATIVE DEPARTMENT
LEGISLATIVE POWER:
1. CONGRESS-- The legislative power shall be vested
in the Congress of the Philippines which shall
consist of a Senate and a House of Representative,
except to the extent reserve to the people by the
provision on initiated and referendum.
Section 1
2. Local Legislative Power
3. People Initiative or Statutes
CONGRESS enacted RA 6735
The Three kinds of Initiatives
1. Initiative on the constitution – Section
2/Article XVIII
2. Initiative on Statute- Section 1, Article
VI
3. Initiative on Local Legislation
B. HOUSSE OF CONGRESS
1. Senate –Bicameral Conference
Committee- mechanism for
compromising differences between
the Senate and the HOR
2. HOR – House of Representative
CASE: TOLENTINO VS. SECRETARY OF FINANCE – bicameral
conference committee is capable of producing unexpected
results, which sometimes go beyond
*Section 24 – all appropriation, revenue or tariff
bills, bills authorizing increase of the public debt,
bills of local application, and private bills shall
originate exclusively in the House of
Representatives, but the Senate may propose or
concur with amendments.
BE MINDFUL
- The bills that are required to originate
exclusion from the House of Representatives
*(APRIL)
1. Appropriation Bill GAA
2. Private Bill - confirming citizenship to alien
3. Revenue/Tariff Bill – E-VAT
4. Bill authorizing increase in public debt
5. Bill of local application – creating a new
municipality
CASE: TOLENTINO VS. SECRETARY OF FINANCE – What is
required to originate is not the law itself but only the bill.
The Senate may propose or concur with amendments. It
may include amendment with substitution.
*Composition – How many should there be?
Not more than 250 – borrow
taken by events; functus officio
--- unless otherwise fixed by law.
Section 5(4), Article VI
--- within 3 years following the return of every
congress, shall make a re-parliament of
legislative districts based on the standards
provided in this section.
Section 5(3), Article VI
---Each legislative district shall comprise, as far
as far as practicable, contiguous , compact,
and adjacent territory.
---Each city with a population of at least
250,000 or province, shall have at least one
representative.
CASE: SENA VS. COMELEC --- only Congress can create a
province or city.
Section 10, Article X the Constitution – no
province, or city, municipality, or barangay
may be created, divided, merged,
abolished or its boundary substantially
altered, except 1) in accordance with the
criteria established in the local
government code and subject to approval
by a minority of the votes cast in a
plebiscite in the political units directly
affected.
This case added 3rd requirement:
3. It must not be contrary to the
Constitution