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CHAPTER 3 B.

TERRITORY – the fixed portion of the


THE CONCEPT OF THE STATE surface of the earth inhabited by the
people of the State
STATE – “A community of persons, more - Terrestrial domain, the inland and
or less numerous, permanently occupying external waters, which make up the
a fixed territory, and possessed of an maritime and fluvial domain, and the air
independent government organized for space above the land and waters, which is
political ends to which the great body of called the aerial domain
inhabitants render habitual obedience”
Article I: “The national territory comprises
NATION – indicates a relation of birth or the Philippine archipelago, with all the
origin and implies a common race, usually islands and waters embraced therein, and
characterized by community of language all other territories over which the
and customs Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and
THE STATE IS A LEGAL CONCEPT, WHILE aerial domains, including its territorial
THE NATION IS ONLY A RACIAL OR ETHNIC sea, the seabed, the subsoil, the insular
CONCEPT. shelves, and other submarine areas. The
waters around, between and connecting
ELEMENTS OF A STATE: the islands of the archipelago, regardless
of their breadth and dimensions, form
A. PEOPLE – refers to the inhabitants of part of the internal waters of the
the state Philippines.”
- Must be numerous enough to be self-
sufficing and to defend themselves ARCHIPELAGO DOCTRINE
- Small enough to be administered and – We connect the outermost points of our
sustained archipelago with straight baselines and
- Must come from both sexes to be able consider all the waters enclosed thereby
to perpetuate themselves as internal waters.
C. GOVERNMENT – the agency or DE JURE AND DE FACTO GOVERNMENTS:
instrumentality through which the will of
the State is formulated expressed and DE JURE – a government that has rightful
realized title but no power or control, either
- Philippine government is democratic because this has been withdrawn from it
and republican or because it has not yet actually entered
- promote the welfare of the people into the exercise thereof

FUNCTIONS: Constituent and Ministrant DE FACTO – a government of fact, that is,


it actually exercises power or control but
Constituent – constitute the very bonds of without legal title
society and are therefore compulsory.
Example: Keeping of order and providing Kinds of de facto government:
for the protection of persons and
property from violence and robbery; 1. The government that gets possession
Fixing of legal relations between husband and control, or usurps, by force or by the
and wife and between parents and voice of the majority, the rightful legal
children; the definition and punishment government and maintains itself against
of crimes; and etc… the will of the latter, such as the
government of England under the
Ministrant – those undertaken to advance Commonwealth, first by Parliament and
general interests of the society, such as later by Cromwell as Protector
public works, public charity, and
regulation of trade and industry. These 2. That established as an independent
functions are optional. government by inhabitants of a country
who rise in insurrection against the
DOCTRINE OF PARENS PATRIAE – the parent state, such as the government of
important tasks of the government is to the Southern Confederacy in revolt
act as guardian of the rights of the people. against the Union during the war of
secession in the United States
3. That which is established and INTERNAL OR EXTERNAL
maintained by military forces who invade
and occupy a territory of the enemy in the Internal sovereignty, refers to the power
course of war, and which is denominated of the State to control its domestic affairs.
as a government of paramount force, External sovereignty, which is the power
such as the cases of Castine in Maine, of the State to direct its relations with
which was reduced to a British possession other States, is also known as
in the war of 1812, and of Tampico, independence.
Mexico, occupied during the war with
Mexico by the troops of the United States CHARACTERISTICS OF SOVEREIGNTY:

GOVERNMENT OF THE PHILIPPINES 1. PERMANENT


– “the corporate governmental entity 2. EXCLUSIVE
through which the functions of 3. COMPREHENSIVE
government are exercised throughout the 4. ABSOLUTE
Philippines, including, save as the 5. INDIVISIBLE
contrary, appears from the context, the 6. INALIENABLE
various arms through which political 7. IMPRESCRIPTIBLE
authority
“Where there is a change of sovereignty,
D. SOVEREIGNTY – the supreme and the political law of the former sovereign is
uncontrollable power inherent in a State not merely suspended but abrogated...
by which that State is governed Non-political laws, by contrast, continue
in operation, for the reason also that they
Two kinds: Legal and political regulate private relations only, unless
they are changed by the new sovereign or
Legal sovereignty is the authority which are contrary to its institutions.”
has the power to issue final commands.
Political sovereignty is the power behind
the legal sovereign, or the sum of the
influences that operate upon it.
Act of State
“An act of State is an act done by the Forms of Consent:
sovereign power of a country, or by its
delegate, within the limits of the power 1. Express – may be manifested either
vested in him. An act of the State cannot through a general law or a special law
be questioned or made the subject of
legal proceedings in a court of law.” 2. Implied – given when the State itself
commences litigation or when it enters
CHAPTER 4 into a contract
THE DOCTRINE OF STATE IMMUNITY
Act No. 3083: "The Government of the
“The State may not be sued without its Philippine Islands hereby consents and
consent.” submits to be sued upon any moneyed
claim involving liability arising from
The general rule is that, for a state to be contract, express or implied, which could
sued, it shall waive its immunity. serve as a basis of civil action between
private parties.”
Principle of the sovereign equality of
States “A claim against the government must
first be filed with the Commission on
One State cannot assert jurisdiction over Audit, which must act upon it within sixty
another in violation of the maxim par in days. Rejection of the claim will authorize
parem non habet imperium. To do so the claimant to elevate the matter to the
would “unduly vex the peace of nations.” Supreme Court on certiorari and in effect
sue the State with its consent.
Sue against a public officer
“It is understood, of course, that where a If the claim is about “just compensation”,
public officer acts without or in excess of where the State uses a private land for
jurisdiction, any injury caused by him is his public purposes, it is not required to file
own personal liability and cannot be the claim with the Auditor General
imputed to the State.” (Commission on Audit). In addition, if the
suit does not involve money, to file with SUITS AGAINST GOVERNMENT AGENCIES
the Commission on Audit is not needed. “Where suit is filed not against the
government itself or its officials but
GARNISHMENT OF FUNDS against one of its entities, it must be
“The universal rule that where the State ascertained whether or not the State, as
gives its consent to be sued by private the principal that may ultimately be held
parties either by general or special law, it liable, has given its consent to be sued.”
may limit claimant’s action ‘only up to the
completion of proceedings anterior to the KINDS OF AGENCY
stage of execution’ and that the power of
courts ends when the judgement is 1. INCORPORATED AGENCY – has a charter
rendered, since government funds and of its own that invests it with a separate
properties may not be seized under writs juridical personality, like the SSS and
of execution or garnishment to satisfy University of the Philippines. It is suable if
such judgments, is based on obvious the charter says so.
considerations of public policy.
Disbursements of public funds must be 2. UNINCORPORATED AGENCY – has no
covered by the corresponding separate juridical personality but is
appropriation as required by law. The merged in the general machinery of the
functions and public services rendered by government, like the Department of
the State cannot be allowed to be Justice, the Bureau of Mines and the
paralyzed or disrupted by the diversion of Government of Printing Office. Any suit
public funds from their legitimate and filed against it is an action against the
specific objects, as appropriated by law.” Philippine Government.

“… .. that funds of public corporations SUABILITY – the result of the express or


which can sue and be sued were not implied consent of the State to be sued
exempt from garnishment”.
LIABILITY – is determined after hearing on
the basis of relevant laws and the
established facts.
REPUBLICANISM – a representative
“Supreme Court held a municipality liable government, a government run by and for
for a tort committed in connection with the people. Its essence is representation
the celebration of a town fiesta, which and renovation.
was considered a proprietary function.”
INCORPORATION CLAUSE – “Every State,
CHAPTER 5 is by reason of its membership in the
FUNDAMENTAL PRINCIPLES & STATE family of nations, bound by the generally
POLICIES accepted principles of international law,
which are considered to be automatically
Preamble part of its own laws.”
“We, the sovereign Filipino people,
imploring the aid of Almighty God, in Social Justice
order to build a just and humane society “Social Justice is neither communism, nor
and establish a Government that shall despotism, nor atomism, nor anarchy, but
embody our ideals and aspirations, the humanization of laws and the
promote the common good, conserve equalization of social and economic
and develop our patrimony, and secure to forces by the State so that justice in its
ourselves and our posterity the blessings rational and objectively secular
of independence and democracy under conception may at least be approximated.
the rule of law and a regime of truth, Social Justice means the promotion of the
justice, freedom, love, equality and welfare of all the people, the adoption by
peace, do ordain and promulgate this the Government of measures calculated
Constitution.” to insure economic stability of all the
component elements of society, through
The Preamble is not considered a source the maintenance of a proper economic
of substantive right since its purpose is and social equilibrium in the
only to introduce, “to walk before,” the interrelations of the members of the
Constitution. community, constitutionality, through the
adoption of measures legally justifiable,
or extra-constitutionally, through the
exercise of powers underlying the people. The Government may call upon
existence of all governments on the time- the people to defend the State and, in the
honored principle of salus populi est fulfillment thereof, all citizens may be
suprema lex.” required, under conditions provided by
law, to render personal, military or civil
ARTICLE II service.
DECLARATION OF PRINCIPLES AND STATE
POLICIES PRINCIPLES Section 5. The maintenance of peace and
order, the protection of life, liberty, and
Section 1. The Philippines is a democratic property, and promotion of the general
and republican State. Sovereignty resides welfare are essential for the enjoyment
in the people and all government by all the people of the blessings of
authority emanates from them. democracy.

Section 2. The Philippines renounces war Section 6. The separation of Church and
as an instrument of national policy, State shall be inviolable.
adopts the generally accepted principles
of international law as part of the law of STATE POLICIES
the land and adheres to the policy of
peace, equality, justice, freedom, Section 7. The State shall pursue an
cooperation, and amity with all nations. independent foreign policy. In its
relations with other states, the
Section 3. Civilian authority is, at all times, paramount consideration shall be
supreme over the military. The Armed national sovereignty, territorial integrity,
Forces of the Philippines is the protector national interest, and the right to self-
of the people and the State. Its goal is to determination.
secure the sovereignty of the State and
the integrity of the national territory. Section 8. The Philippines, consistent with
the national interest, adopts and pursues
Section 4. The prime duty of the a policy of freedom from nuclear
Government is to serve and protect the weapons in its territory.
Section 13. The State recognizes the vital
Section 9. The State shall promote a just role of the youth in nation-building and
and dynamic social order that will ensure shall promote and protect their physical,
the prosperity and independence of the moral, spiritual, intellectual, and social
nation and free the people from poverty well-being. It shall inculcate in the youth
through policies that provide adequate patriotism and nationalism, and
social services, promote full employment, encourage their involvement in public
a rising standard of living, and an and civic affairs.
improved quality of life for all.
Section 14. The State recognizes the role
Section 10. The State shall promote social of women in nation-building, and shall
justice in all phases of national ensure the fundamental equality before
development. the law of women and men.

Section 11. The State values the dignity of Section 15. The State shall protect and
every human person and guarantees full promote the right to health of the people
respect for human rights. and instill health consciousness among
them.
Section 12. The State recognizes the
sanctity of family life and shall protect and Section 16. The State shall protect and
strengthen the family as a basic advance the right of the people to a
autonomous social institution. It shall balanced and healthful ecology in accord
equally protect the life of the mother and with the rhythm and harmony of nature.
the life of the unborn from conception.
The natural and primary right and duty of Section 17. The State shall give priority to
parents in the rearing of the youth for education, science and technology, arts,
civic efficiency and the development of culture, and sports to foster patriotism
moral character shall receive the support and nationalism, accelerate social
of the Government. progress, and promote total human
liberation and development.
Section 18. The State affirms labor as a Section 24. The State recognizes the vital
primary social economic force. It shall role of communication and information in
protect the rights of workers and nation-building.
promote their welfare. Section 25. The State shall ensure the
autonomy of local governments.
Section 19. The State shall develop a self-
reliant and independent national Section 26. The State shall guarantee
economy effectively controlled by equal access to opportunities for public
Filipinos. service and prohibit political dynasties as
may be defined by law.
Section 20. The State recognizes the
indispensable role of the private sector, Section 27. The State shall maintain
encourages private enterprise, and honesty and integrity in the public service
provides incentives to needed and take positive and effective measures
investments. against graft and corruption.

Section 21. The State shall promote Section 28. Subject to reasonable
comprehensive rural development and conditions prescribed by law, the State
agrarian reform. adopts and implements a policy of full
public disclosure of all its transactions
Section 22. The State recognizes and involving public interest.
promotes the rights of indigenous cultural
communities within the framework of
national unity and development.

Section 23. The State shall encourage


non-governmental, community-based, or
sectoral organizations that promote the
welfare of the nation.
creation of local political units, and the
encouragement of effective public
interest groups.
Political Decentralization
Administrative Decentralization
Political decentralization aims to give
citizens or their elected representatives Administrative decentralization seeks to
more power in public decision-making. It redistribute authority, responsibility and
is often associated with pluralistic politics financial resources for providing public
and representative government, but it services among different levels of
can also support democratization by government. It is the transfer of
giving citizens, or their representatives, responsibility for the planning, financing
more influence in the formulation and and management of certain public
implementation of policies. Advocates of functions from the central government
political decentralization assume that and its agencies to field units of
decisions made with greater participation government agencies, subordinate units
will be better informed and more relevant or levels of government, semi-
to diverse interests in society than those autonomous public authorities or
made only by national political corporations, or area-wide, regional or
authorities. The concept implies that the functional authorities.
selection of representatives from local
electoral jurisdictions allows citizens to The three major forms of administrative
know better their political decentralization -- deconcentration,
representatives and allows elected delegation, and devolution -- each have
officials to know better the needs and different characteristics.
desires of their constituents.

Political decentralization often requires


constitutional or statutory reforms, the
development of pluralistic political
parties, the strengthening of legislatures,
Deconcentration. which is often project implementation units. Usually
considered to be the weakest form of these organizations have a great deal of
decentralization and is used most discretion in decision-making. They may
frequently in unitary states-- redistributes be exempt from constraints on regular
decision making authority and financial civil service personnel and may be able to
and management responsibilities among charge users directly for services.
different levels of the central
government. It can merely shift Devolution. A third type of administrative
responsibilities from central government decentralization is devolution. When
officials in the capital city to those governments devolve functions, they
working in regions, provinces or districts, transfer authority for decision-making,
or it can create strong field administration finance, and management to quasi-
or local administrative capacity under the autonomous units of local government
supervision of central government with corporate status. Devolution usually
ministries. transfers responsibilities for services to
municipalities that elect their own mayors
Delegation. is a more extensive form of and councils, raise their own revenues,
decentralization. Through delegation and have independent authority to make
central governments transfer investment decisions. In a devolved
responsibility for decision-making and system, local governments have clear and
administration of public functions to legally recognized geographical
semi-autonomous organizations not boundaries over which they exercise
wholly controlled by the central authority and within which they perform
government, but ultimately accountable public functions. It is this type of
to it. Governments delegate administrative decentralization that
responsibilities when they create public underlies most political decentralization.
enterprises or corporations, housing
authorities, transportation authorities,
special service districts, semi-
autonomous school districts, regional
development corporations, or special
CHAPTER 6 - Justice Laurel: intended to secure action,
SEPARATION OF POWERS to forestall over-action, to prevent
despotism and obtain efficiency.
THE DOCTRINE OF SEPARATION of powers -Interdependence not independence.
was modified under the 1973 Constitution
with the establishment of a semi- “but the impulse of common purpose
parliamentary government that made the declares a union” – Franklin D. Roosevelt.
legislature subordinate in many respects
to the President, who was even vested Blending of Power
with the ultimate power of dissolving it. → powers aren’t only confined exclusively
within one department but assigned or
Judiciary → weakest of the three shared by several departments.
branches.
→ strengthened with the Example: Power of Appointment which
conferment on it of additional and can be exercised by all over own admin
important powers. personnel

Each of the 3 great branches of → Collaboration for the good of the


government has exclusive cognizance of people.
and is supreme in matters falling within its
own constitutionally allocated sphere. General Appropriations Law: President
Prepares the budget then it is passed as a
Legislature = enactment of laws bill by the Congress
Executive = enforcement of laws
Judiciary = application of laws Amnesty: President grants amnesty then
it must be approved by majority of the
Separation of Powers Congress
- Intended to prevent a concentration of
authority in one person or group of COMELEC needs the help from the
persons executive agencies during time of election
→ Upholds the Supremacy of the
Checks and Balances Constitution.
→ One department is allowed to resist
encroachments upon its prerogatives → Supreme Court mediates to allocate
or to rectify mistakes or excesses constitutional boundaries or
committed by the other departments. invalidates the acts of a coordinate
body, what it is upholding is not its
→ Ends of the government are better own supremacy but the supremacy of
achieved through the exercise by its the Constitution.
agencies of only the powers assigned
to them subject to reversal in proper → The conferment of power is usually
cases by those authorized by the done expressly, as in the vesture of the
Constitution. legislative power in the Congress, the
executive power in the President and the
judicial power in the Supreme Court and
ex #1 – Checked by President through his
such lower courts as may be established
veto power.
by law.
ex #2 – Congress may refuse to give its
concurrence to an amnesty proclaimed by
→ The power to impeach, which is
President and the Senate to a treaty he
essentially executive, and the power to
has concluded.
try and decide impeachment cases, which
ex #3 – President can nullify a criminal
is essentially judicial, are expressly lodged
case by pardon.
in the Congress, as so too is the power of
ex #4 – Congress may limit the jurisdiction
investigation which is more executive or
of Supreme Court.
judicial than legislative.
Role of Judiciary
→ The Supreme Court can exercise the
→ Sees to it that the constitutional
executive power of removal over judges
distribution of powers is respected.
of inferior courts although they have been
appointed by the President.
→The President may be authorized by the review (except for Betrayal of Public
Congress to exercise tariff powers and Trust)
emergency powers, both of them
legislative in nature, because the Justiciable Question – implies a given right
Constitution permits it. legally demandable and enforceable, an
act or omission violative of such right, and
→ Even in the absence of an express a remedy granted and sanctioned by law,
conferment, the exercise of a given power for said breach of right.
may be justified under the doctrine of
implication, which is based on the theory Political Questions – discretion of another
that the grant of an express power carries department or especially the people
with it all other powers that may be themselves / connotes a question of
reasonably inferred from it policy / questions to be decided by the
people in their sovereign capacity
→ The President, as head of the
government, may independently of “A purely justiciable question implies a
constitutional or statutory authority given right, legally demandable and
deport undesirable aliens as an “act of enforceable, an act or omission violative
State,” even as the Congress can punish of such right, and a remedy granted and
any person who impugns its integrity sanctioned by law, for said breach of
without proof. right.” (Justice Makasiar)

→The courts, for their part, may claim the The determination of what constitutes
contempt power inherent in the judiciary. disorderly behavior is a political question
and therefore not cognizable by the
Justiciable and Political Questions courts. A procedural rule the
interpretation of which calls only for a
Justiciable can be subject of Judicial mathematical computation, is a
Review while Political Questions, justiciable question.
technically, cannot be subject to Judicial
“The term ‘political question’ connotes
what it means in ordinary parlance, Judicial Power now includes the duty to
namely, a question of policy. It refers to determine whether or not there has been
those questions which, under the a grave abuse of discretion amounting to
Constitution, are to be decided by the lack or excess of jurisdiction on the part of
people in their sovereign capacity; or in any branch or instrumentality of the
regard to which full discretionary Government – Article VIII, Sec. 1.
authority has been delegated to the
legislative or executive branch of the Supreme Court may review the sufficiency
government.’ It is concerned with issues of the factual basis of a martial law
dependent upon the wisdom, not legality, proclamation by the president.
of a particular measure.”
“Political questions are neatly associated Chapter 7
with the wisdom, not the legality of a Doctrine of Delegation of Powers
particular act.
Delegation of Powers General Rule:
Application of the Doctrine Potestas Delegata Non Delegari Potest –
what has been delegated cannot be
A writ of mandamus could not be issued delegated
against the chief executive to compel him.
Principle of non-delegation applies to all 3
“corollary to the principle of separation of major powers of the government.
powers is the doctrine of primary
jurisdiction that the courts will defer to Delegation has been more necessary for
the decisions of the administrative offices the legislative power.
and agencies by reason of their expertise
and experience in the matters assigned to Congress Creating an Administrative Body
them.” to promulgate rules and regulations
subject to limitations is an example of
Political Questions Under the New delegation (e.g. LTFRB)
Constitution
Permissible Delegation exercised to carry out national
policy declared by congress
Tariff Powers  State of emergency does not
 The President is granted stand-by or automatically give the President
flexible tariff powers emergency powers
 Article VI, Section 28(2) of the
Constitution Delegation to the People
 Expediency to act immediately on  The Government is democratic – but is a
certain matters affecting the representative democracy. The people
national economy acts through their representatives.
 Referendum – method of submitting an
Emergency Powers important legislative matter to the direct
 The congress may authorize the vote of the whole people / the power of
President to exercise emergency the electorate to approve or reject a
powers in times of war and other legislation through an election called for
national emergency that purpose
 During times of war and calamity, it  Plebiscite – decree of the people. Device
his highly unlikely that the Congress to obtain a direct popular vote on a
can form a quorum to do its matter of political importance / electoral
business process by which an initiative on the
 The president becomes a Constitution is approved or rejected by
constitutional dictator the people.
 Conditions: War or National
Emergency, delegation must be for Delegation to the Local Government
a limited time only, the delegation  Local legislatures are more
must be for a limited period, the knowledgeable than the national
delegation must be subject to strict lawmaking body on matters of purely
restrictions prescribed by congress, local concern
the emergency powers must be  Local affairs shall be managed by local
authorities
Delegation to Administrative Bodies  Prevents total transference of legislative
 Power of subordinate legislation is power from the lawmaking body to the
assigned to administrative bodies delegate
because of the proliferation of specialized
activities and their attendant peculiar The Pelaez Case
problems
 Given the volume and variety of The Completeness and Sufficient
interactions in today’s society, it is Standard Tests should be applied
doubtful if the legislature can create laws together or concurrently
that will deal with all adequately
 For an administrative regulation to be Pelaez contended that Sec. 68 of the
valid, it must be authorized by legislature Revised Administrative Code empowering
the President to create, merge, divide,
Tests of Delegation abolish or otherwise alter the boundaries
of municipal corporations is an invalid
The Completeness Test delegation of legislative power
 The law must be complete in all its
essential terms and conditions when it
leaves the legislature so that there will be
nothing left for the delegate to do except
enforce it.

The Sufficient Standard Test


 Delegation must be made subject to a
sufficient standard.
 Sufficient Standard maps out the
boundaries of the delegate’s authority by
defining the legislative policy and
indicating the circumstances under which
it is to be pursued and effected