Professional Documents
Culture Documents
2. Additional –
a. Provision - Article II Section 1 (Republicanism)
b. Textbook - Fr. Joaquin Bernas
i. Separation of Powers – pp. 677-678
ii. Non-Delegation of Powers - pp. 685-696
c. SC Cases (see outline below)
OUTLINE
Doctrine of State Immunity from Suit (also called Royal Prerogative of Dishonesty)
- Suit against the Philippines as a State:
o Suit against Government Officers
o Suit against Government Agencies
§ Incorporated – test of suability is found in its charter (it is suable if its
charter says so, regardless of the functions it is performing) – Olizon vs.
Central Bank of the Philippines, GR L-16524, June 30, 1964;
§ Unincorporated –
• If governmental function – no suit without consent – Bureau of
Printing vs. Bureau of Printing Employees Association, GR L-
15751, Jan. 28, 1961;
• If proprietary function – suit will lie
o Exception – no suit without consent when the act was a
necessary incident to its governmental function – Mobil
Philippines Exploration Inc. vs. Customs Arrastre Service,
GR L-23139, Dec. 17, 1966;
- Waiver of Immunity (Legislature)
- Forms of Consent
o Express
• Act No. 3083 – Philippine government "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."
• Procedure –
o Commonwealth Act 327, as amended by PD 1445 (and
Article IX-A, Section 7, Constitution) - Sayson vs.
Singzon, GR L-30044, Dec. 19, 1973;
o Must not perpetrate an injustice - Amigable vs. Cuenca,
GR L-26400, Feb. 29, 1972;
§ Special Law
o Implied
§ When the State itself commences litigation; or
§ When it enters into contract –
• U.S. vs. Ruiz, GR L-35645, May 22, 1985;
• U.S. vs. Guinto, GR 76607, Feb. 26, 1990;
• Republic vs. Sandiganbayan, GR 129406, March 6, 2006;
- Suability vs. Liability – Merritt vs. Government, GR L-11154, Mar. 21, 1916;
- Suability vs. Execution – Commissioner of Public Highways vs. San Diego, GR L-30098,
Feb. 18, 1970;
SEPARATION OF POWERS:
Ø Tests of Delegation
1. Again, general rule is, there is non-delegation of powers;
2. But there are exceptions, where powers can be permissibly delegated;
3. Assuming it falls under the exception, you still have to determine
whether these exceptions (permissible delegations) has been validly
made;
4. To be valid, delegation itself must be circumscribed by legislative
restrictions (otherwise, delegation is tantamount to abdication of
legislative authority, a total surrender by legislature of its prerogatives
in favor of the delegate);
- COMPLETENESS TEST
o People vs. Dacuycuy, G.R. L-45127, May 5, 1989
- SUFFICIENCY STANDARD TEST
o Chiongbian vs. Orbos GR 96754, June 22, 1995;
o Gerochi vs. Dept. of Energy GR 159796, July 17, 2007;
o Belgica vs. Ochoa, GR 208566, Nov. 19, 2013 (note:
case involves various issues, but focus only on issue
about “undue delegation” with regard to presidential
pork barrel);