STATE Community of persons, more or less numerous, permanently occupying a fixed territory and possessed of an independent government established

for political ends, and to which the great body of its inhabitants render habitual obedience ELEMENTS OF THE STATE 1. People – inhabitants of the state, no legal requirements as to its number but it must be large enough to be self-sufficing and defend itself and small enough to be easily administered and sustained. It must be composed of opposite sex for procreation 2. Territory – fixed portion on the surface of the earth inhabited by the people 3. Government – agency or instrumentality to which the will of the people is formulated, expressed and realized 4. Sovereignty – supreme and uncontrollable power inherent in every state by which that state is governed STATE IMMUNITY The state cannot be sued without its consent. The basis of which according to Justice Holmes is that there can be no legal right against the authority which makes the law and to which that right is based. Also, under the rule “par in parem non habet imperium” which means that all states are sovereign equals and cannot assert jurisdiction over one another The determination of the executive arm of the government that a state is entitled to immunity is a political question and conclusive upon the courts. It is the duty of the courts to accept such claim as not to embarrass the executive arm of the gov’t in conducting its foreign relations The state may if it desires to divest itself of the mantle of sovereign immunity and thereby open itself to suit. The state may be sued if it gives it consent. Such consent may be given expressly or impliedly. Express consent is manifested through a general or special law while implied consent is given when the state itself commences litigation or enters into a contract. In the case of the latter, it is deemed that the state descended to the level of an ordinary individual. However, it is necessary to distinguish between sovereign and governmental acts (jure imperii) and private, commercial and propriety acts (jure gestionis). The restrictive theory now applies regarding implied consent when gov’t enters into a contract. There is implied consent to be sued only with regards to acts jure gestionis. State is entitled immunity to acts jure imperii. If there is consent to be sued, it does not mean that there is also consent to the execution of judgment against it. Another waiver is needed. Public funds cannot be the object of garnishment proceedings. Necessary appropriation must be done are required by

law. For diversion of public funds may paralyze the operations of the government.

DOCTRINE OF INCORPORATION By reason of the Philippines membership in the family of nations, the generally accepted principles of international law are considered automatically part of its own laws. This is consistent with Section 2 of Art.2. Moreover, under the rule of pacta sunt servanda, international agreements must be observed in good faith DOCTRINE OF SEPARATION OF POWERS This is intended to prevent concentration of authority in one person. In the words of Justice Laurel, the purpose of such doctrine is to secure action, forestall inaction, prevent despotism and obtain efficiency. CHECKS AND BALANCES One department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments POLITICAL QUESTIONS - Those questions under the Constitution are to be decided by the people in their sovereign capacity and those in regard to which full discretionary authority is delegated to the executive and legislative branch of government. It is concerned with issues dependent upon the wisdom and not the legality of a the issue However, under the new consti, the scope of the political questions appears to have been considerably constricted. The power of the courts now includes the duty to determine WON there has been a grave abuse of discretion amounting to lack or excess of jurisdiction.. DELEGATION OF POWERS Potestas delegata non delegari potest – what has been delegated cannot be delegated REFERENDUM Method of submitting an important legislative measure to a direct vote of the whole people PLEBISCITE Device to obtain a direct popular vote on a matter of political importance LOCAL GOVERNMENTS The territorial and political subdivisions of the RP are the provinces, cities, municipalities and baranggays. There shall be autonomous regions in Muslim Mindanao and the cordilleras Various arms which political authority is made effective.



NON-LEGISLATIVE POWERS OF CONGRESS Canvass presidential elections Declare existence of state of war Give concurrence to amnesties and treaties Propose constitutional amendments Impeach .

Sign up to vote on this title
UsefulNot useful