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private rts of person & property Provides punishment of crimes Continuing in force even during a de facto gov’t until suspended or superseded by occupant 2. ELEMENTS OF THE STATE: PEOPLE
Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum. ARTICLE XVIII – TRANSITORY PROVISIONS Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State. c. as citizens ART. II Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Art. III, Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. 3. ELEMENTS OF THE STATE: GOVERNMENT Institution/aggregate of institutions by w/c an independent society makes & carries out those rules of axn w/c are necessary to enable men to live in a social state or w/c are imposed upon people forming that society by those who possess power of authority of prescribing them. Sec. 2 (1) Revised Administrative Code of 1917: corporate governmental entity thru w/c functions of gov’t are exercised throughout the PI, various arms thru w/c political authority is made effective in said Islands whether centralized, provincial or municipal branches or other form of local gov’t National definition: three great depts. Mandated by Consti Local definition: reg’l, provincial, city, municipality, barrio Doesn’t include gov’t entities w/c are given a corporate personality separate & distinct from gov’t.; governed by corporation law International definition: has legal personality & is internationally responsible for axns of other agencies & instrumentalities of the state Different from administration: set of people currently running the institution U.S. vs. DORR
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Community of persons sufficient in no. & capable of maintaining the continued existence of the community & held together by a common bond of law Doesn’t matter if they possess diverse racial, cultural or economic interests a. as inhabitants Art. III – BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Discussed further in Art. XIII as an element of Social Justice (secs. 11-13) Health: complete physical, mental & social well-being & not merely the absence of disease or infirmity. Integrated: unified both public & private, western & traditional Comprehensive: health promotion, disease prevention, education & planning. Affordable: Generic Law. Biased towards the underprivileged. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Preserve healthy environment & enforce by police power b. as electors ARTICLE VII – EXECUTIVE DEPARTMENT Section 4. The President and the Vice-President shall be elected by direct vote of the people ARTICLE XVI – GENERAL PROVISIONS
Alleged libelous editorial published in Manila Freedom issue of Apr. 6, 1902. Talked about “rascally natives” appointed to the Civil Commission, men who should actually be in jail. They’re corrupt & have no personal character. It called government arbitrary & mentioned rumors of graft. Petitioners allege that article is a scurrilous libel against RP & US governments since it obstructs officials from executing their offices, instigate other to meet together for unlawful purposes, suggests rebellious conspiracies, stir up people against lawful authorities & disturbs safety & order of governments. Dorr, et.al were convicted based on Sec. 8 Act No. 292 of Commission w/c states that anyone who circulates scurrilous libels against Us or PI governments or those who will disturb or obstruct any lawful officer in executing his office, instigate others to meet for unlawful purposes, suggest/incite rebellious conspiracies or riots or stir up people against lawful authorities or disturb peace of community, safety & order of gov’t or conceal such practices shall be punished. ISSUE: WON the editorial is covered by Act. No. 292 HELD: NO. Acquitted. RATIO: 1. No appreciable tendency to effect allegations of petitioners. 2. It does not incite disloyalty or disobedience to the law as requisites for libel. 3. Not scurrilous libel. It doesn’t possess people w/ill opinion of gov’t. Scurrilous libel should be in a wider sense: blasphemous, obscene/seditious publications 4. What gov’t is pertained to by Insular Gov’t of the Phil a. institution/aggregate of institutions by w/c an independent society makes & carries out those rules of axn w/c are necessary to enable men to live in a social state or w/c are imposed upon people forming that society by those who possess the power/authority of prescribing them. It’s the aggregate that rules a society. b. Different from administration: persons in whose hands the reins of gov’t are for the time being a. Government of RP defined Administrative Code of 1987, Sec. 2(1) – corporate governmental entity thru w/c functions of gov’t are exercised throughout the Phil., including, save as the contrary appears from the context, the various arms through w/c political authority is made effective in the Phil. whether pertaining to the autonomous regions, provincial, city, municipal or barangay subdivisions & other forms of loc.gov. PEOPLE vs. SANDIGANBAYAN Respondents charged w/ Malversation thru Falsification of Public Documents for alleged misappropriation & conversion for personal use of P250,318,200.00 funds of AFP Retirement & Separation Benefits System. They filed motions to dismiss then reconsideration, all denied. Their contention: Sandiganbayan has no jurisdiction since AFP-RSBS is a private entity. Sandigan accepted this contention since gov’t doesn’t provide counterpart contribution to the sys, its employees don’t receive salary from gov’t and their remittances were made to SSS & not GSIS. Also, Sandigan said that its funds are from contributions and not from appropriations as per PD 361, Sec. 2.
(system to be funded by appropriations & contributions, donations, gift, legacies & bequest & others, earnings exempted from tax. ISSUES/RATIO: 1. WON a certiorari is the proper remedy. YES. Applicable for appeal of judgment or final order or resolution of CA or Sandigan (RCP, Rule 45). Also, there should be no other remedy available when certiorari’s invoked (RoC, Rule 65). Rule may be relaxed if issue is of public interest or in cases of urgency. 2. Whether AFP-RSBS is a gov’t-owned/controlled corp or a private corp. FORMER Sandigan findings are usually binding on SC except if it’s based on speculation, surmise, conjectures, inference made is manifestly mistaken, grave abuse of discretion, misapprehension of facts & findings lack evidence or contradicted by another evidence. This is one of those instances. AFP-RSBS was created by PD 361 whose purpose & functions are similar to GSIS & SSS. AFP & PNP members are really excluded from GSIS coverage, we only have AFP-RSBS to handle such matters. Its character & operations are imbued w/ pub interest, thus it’s a gov’t entity. 3. WON its funds are public or private. YES Though there have been no appropriations yet, it is not prohibited from getting such. (see Facts). It’s funds are of public nature. HELD: Petition grante, Sandigan annulled & set aside. b. Constituent & Ministrant Functions of Gov’t CONSTITUENT/GOVERNMENTAL compulsory functions w/c constitute the very bonds of society ex. keeping order, protection of people against violence & robbery, fixing legal family relations, properties, contract rights, punishment of crime, administration of justice in civil cases, political duties, privileges & relations of citizens & foreign powers MINISTRANT/PROPRIETARY optional; intended to achieve better life for community to be taken if priv capital won’t do it or it’s better equipped to administer such pub welfare c. Parens Patriae GOVERNMENT OF THE P.I. vs. MONTE DE PIEDAD Parens Patriae: parental authority/guardian rt to enforce all charities of a public nature by virtue of its general superintending authority over pub. Interests where no other person is entrusted w/it inherent in supreme power of ever state, whether lodged in a royalty or legislature & has no affinity to those arbitrary powers w/c are sometimes exerted by irresponsible monarchs to the great detriment of the people & the destruction of their liberties. It’s a most beneficient function & often necessary to be exercised in interest of humanity & prevention of injury to those who can’t protect themselves.
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Taking care of those who can’t vindicate their rights & protection of sovereign authority CABANAS vs. PILAPIL State should take up this role to accord priority to the best interest of minors who are part of suit of litigation. Parent should be preferred in deciding issues re children since it’s in consonance w/ tradition & Consti (The State shall strengthen the family as a basic social institution.). GONZALES vs. MARCOS President’s authority to implement for the benefit of the Filipino people such as creating CCP Duty of caring for governmental property w/c is neither judicial nor legislative thus executive. d. De Jure & De Facto Governments basis of legitimacy De Facto: all acts & proceedings of legislative, executive & judicial departments are good & valid. Kinds (Co Kim Chan vs. Valdez Tan Keh): 1. gov’t that gets possession & control of or usurps by force or by voice the majority, the rightful legal gov’t & maintains itself against the will of the latter 2. established & maintained by military forces who invade & occupy a territory of the enemy in the course of war & w/c is denominated a gov’t of paramount force 3. established as an independent gov’t by the inhabitants of a country who rise in insurrection against parent state De Jure: legitimate CO KIM CHAN vs. VALDEZ TAN KEH DE FACTO GOVERNMENT Another type: government de facto: 1) maintained by active military power, 2) should be obeyed in civil matters by priv. Citizens. Occupant has responsibility to maintain pub order & safety 4. ELEMENTS OF THE STATE: SOVEREIGNTY Capacity to conduct international relations w/ corresponding political, technical & financial capabilities to do so. Source of the ultimate legal authority. Legal sovereignty: power to adapt/alter the constitution or supreme power to make laws vs. Political sovereignty: sum total of all the influences in a state, legal & non-legal w/c determine the course of law Resides in the people (those who have direct hand in the formulation, adoption, & amendment/alteration of the Consti) but not always directly exercised. It’s delegated to the gov’t & to people in whose hand governmental powers temporarily reside Gov’t officials have authority given them & defined by law w/c only continues w/consent of the people. (RULE OF LAW: gov’t of laws & not of men)
Are the 4 elements prerequisites for a state or is recognition sufficient? Pol. decision 1. Constitutive theory – recognition constitutes a state & it confers legal personality on the entity 2. Declaratory theory – recognition is merely regulatory & being a state depends upon possession of required elements. (favored authoritatively) Art. XVI, Sec. 3 The State may not be sued without its consent. (sovereign immunity) Dates back to the “King could not be sued w/o his consent” rule. King counterpart today: legislature. US 11th amendment: US can’t be sued in law or equity by any citizen. 1973 Consti: first appearance of this provision. Santos vs. Santos: State can do no wrong, which actually meant that State must not & was not allowed to do wrong. Holmes: exemption is not because of any formal conception or obsolete theory but on logical & practical ground that there can be no legal rt.as against the authority that makes law on w/c the rt.depends. (for single sovereign clothed w/ full sovereign authority) Republican state: coursed thru any one of its organs none of whom exercises full sovereign authority. Metran vs. Paredes: RP has a representative gov’t & as such, people have surrendered some of their priv.rts. & interests w/c may conflict w/higher rts. & larger interests of the people as a whole represented by gov’t. ex. Of a higher rt: gov’t immunity. If gov’t can be sued, it would be tantamount to the people attempting to sue themselves along w/the rest of the people represented by the common gov’t. Anomalous & absurd. Providence Washington Insurance Co. vs. RP: propensity of people to go to court at the least provocation, loss of time & energy to defend against law suits w/o such basic principle as an effective obstacle, could very well be imagined. May be waived by legislature through express consent or implied consent. Implied consent ex. when State enters into contracts wherein State is reduced to the level of a citizen & consent is implied by entering into contract or when State sues a private party who has right to file a counterclaim. a. When a suit is against the State Against the Republic of the Philippines Against unincorporated gov’t agency: has no juridical personality, suit is against agency’s principal thus determine WON principal gave consent Against government owned corp: not against the state because it’s a juridical person distinct from the state. But if it was established to perform gov’tal functions, it shares State’s immunity, thus we need to determine WON there’s consent Against an officer of the state: Determine if liability will fall on officer or gov’t. b. Express Consent (waiving rt.) Special Law: private bill authorizing a named individual to bring suit on specified claim
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General Law: authorizes any person who meets conditions stated in the law to sue the gov’t in accordance w/procedure specified in the law. Ex. Consti Art. IX-A Sec. 7: unless otherwise provided by Consti or by law, any decision, order or ruling o each Commission may be brought to the SC on certiorari by aggrieved party w/in 30 days from receipt of a copy thereof.
i. Money Claims arising from contract ii. Torts committed by special agents CC Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. (1903a)
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