1. DEFINE SOCIAL JUSTICE RE CALALANG V.

WILLIAMS

-Social Justic as defined in Re: Calalang v. Williams : "neither communism, nor despotism, nor
atomism, nor anarchy," but the humanization of laws and the equalization of social and economic forces
by the State so that justice in its rational and objectively secular conception may at least be
approximated. Social justice means the promotion of the welfare of all the people, the adoption by the
Government of measures calculated to insure economic stability of all the competent elements of
society, through the maintenance of a proper economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through the adoption of measures legally justifiable, or
extra-constitutionally, through the exercise of powers underlying the existence of all governments on
the time-honored principle of salus populi est suprema lex. Social justice, therefore, must be founded on
the recognition of the necessity of interdependence among divers and diverse units of a society and of
the protection that should be equally and evenly extended to all groups as a combined force in our
social and economic life, consistent with the fundamental and paramount objective of the state of
promoting the health, comfort, and quiet of all persons, and of bringing about "the greatest good to the
greatest number."

2. DEFINE AND DISCUSS THE ARCHIPELAGIC DOCTRINE

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(1987 Constitution, Art. I).

Under the Archipelagic Doctrine, we connect the outermost points of our archipelago with straight
baselines and consider all the waters enclosed thereby as internal waters. The entire archipelago is
regarded as one integrated unit instead of being fragmented into thousand islands. The purposes of the
archipelagic doctrine are territorial integrity, national security, and economic reasons.

3. DIFFERENTIATE JUSTICIABLE FROM POLITICAL QUESTIONS

3. ELEMENTS OF STATE

According to the Montevideo Convention, the accepted criteria for the establishment of a State are:

 Permanent Population (People) - refers to the inhabitants of the State. Generally agreed that
they must be numerous enough to be self-sufficient, defend themselves, and small enough to
be easily administered and sustained. Started as an amorous group of individuals inhabiting
the same territory, may develop and share certain characteristics and interests, such as a
common language, a common religion, and a common set of customs and traditions that will
unite them into the more closely-knit entity called a “nation”.

 A defined territory - Fixed portion of the surface of the earth inhabited by the people of the
state. Components of territory are the terrestrial, maritime, fluvial, and aerial domain.

 A government - is the agency or instrumentality which the will of the State is formulated,
expressed and realized. No form of government is prescribed by international law, but the
1987 Constitution requires our government to be democratic and republican. The government
is the representative of the State that deals with other states, and promotes the welfare of its
people. Two functions: 1) Constituent functions - constitute the very bonds of society and are
therefore compulsory( ex. Keeping order, provides the protection of persons and property,
defines the definition and punishment of crimes, determines contractual rights, fixing legal
relations, deals with other States, preservation of the State from external dangers, etc.. 2)
Ministrant functions - those undertaken to advance general interests of the society, such as
public works, public charity, and regulation of trade and industry.

 Sovereignty - supreme and uncontrollable power inherent in every State, controlled by the
government. Two kinds: 1) Legal sovereignty - authority which has the power to issue final
commands. 2) Political sovereignty - influence or power that operate upon the legal
sovereignty (ex. Congress) 3) Internal sovereignty - power of State to controll its domestic
affairs. 4) External Sovereignty - power of State to direct its relations with other States, also
known as independence.

4. IMMUNITY FROM ARREST

According to the 1987 Constitution, legislators in office are immune from civil and criminal arrests,
during court sessions (Session - only time when parliamentary immunity is applicable for members of
the Congress. Period from initial convening until final adjournment). There is immunity from criminal
arrests as long as the criminal offenses are not punishable by more than 6 years. For example, libelous
remarks are not punishable as long as the committee hearing is in session.

5. PRIVILEGE SPEECH

The privilege of a legislator to express views bearing upon the public interest without fear of
accountability outside the halls of the legislature for his inability to support his statements with the usual
evidence required by the courts of justice. The requirements of such are: 1. The remarks must be made
while the legislative committee is in session; and 2. They must be made in connection with the
discharge of official duties. Privilege speech is not absolute since the one making the speech may be
called to account for his remarks by his colleagues in the congress itself or punished for “disorderly
behavior.”

6. QUALIFICATIONS FOR MEMBERS OF CONGRESS

Senate:
  Natural Born Filipino

 Atleast 35 years of age

 Able to read and write

 Registered voter

 Resident of PH for not less than 2 years immediately preceding the day of the election

House of Representatives

 Natural born citizen of Philippines

 Atlease 25 years of age (Xpn: If nominee for youth sector, must be 25-30 years old at the day
of election)

 Able to read and write

 Resident of PH not less than 1 year before election

 Registered voter in the district in which he shall be elected (For District representatives)

 Registered voter (for Party list members)

8. TERM FROM TENURE

According to the 1987 Constitution, members of the Senate shall have 6 years per term, elected
every 3 years (12 & 12)

A House of Representatives member has a term of 6 years according to the 1973 Constitution, but
was reduced to 3 years per term to synchronize elections held at three year intervals. A member of HOR
is limited to 3 consecutive terms, or consecutive 9 years in office.

Good luck!