The principle of State immunity from suit does
Straight baseline method – consists of drawing
not apply when the relief demanded requires no
affirmative official action on the part of the State or
the affirmative discharge of any obligation which
belongs to the State in its political capacity, even
though the officers or agents who are made
defendants claim to hold or act only by virtue of a
title of the State and as its agents and servants.
[Republic v Sandoval, (1993)]
Qualified political agency doctrine (also alter
ego principle)
“all the different executive and administrative
organizations are mere adjuncts of the Executive
Department, the heads of the various executive
departments are assistants and agents of the Chief
Executive, and, except in cases wherein the Chief
Executive is required by the Constitution or by the
law to act in person or the exigencies of the
situation demand that he act personally, the
multifarious executive and administrative
functions of the Chief Executive are performed by
and through the executive depts., performed and
promulgated in the regular course of business, are,
unless disapproved or reprobated by the Chief
Executive, presumptively acts of the Chief
Executive.” [Free Telephone Workers Union vs.
Minister of Labor and Employment (1981)]
NATIONAL ECONOMY AND PATRIMONY
I. GENERAL PRINCIPLES
A. Goals
1. More equitable distribution of
opportunities, income and wealth
2. Sustained increase in amount of
goods and services produced by the
nation for the benefit of the people
3. Expanding production as the key to
raising the quality of life for all,
especially the underprivileged.
Art. XIII, Sec. 6. The State shall apply the
principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the
disposition or utilization of other natural
resources, including lands of the public domain
under lease or concession suitable to agriculture,
subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities
to their ancestral lands.
Archipelagic Doctrine Elements:
1. Internal waters – “waters around, between and
connecting the islands of the archipelago”
TAKEN FROM UP LAW REVIEWER 2012
2.
straight lines connecting appropriate points on the
coast without departing to any appreciable extent
from the general direction of the coast, in order to
delineate the internal waters from the territorial
waters of an archipelago
 Refer to PIL, Chap. 12, II for further discussion
on Baselines
Suits Against the State and the Doctrine of
Sovereign Immunity (Asked two times in the Bar)
a. The State may not be sued without its
consent. (Sec 3, Art XVI)
b. There can be no legal right as against the
authority that makes the laws on which the
right depends.  also called the doctrine of
Royal Prerogative of Dishonesty.
[Kawananakoa v. Polyblank (1907)]
c. If the State is amenable to suits, all its time
would be spent defending itself from suits
and this would prevent it from performing it
other functions. [Republic vs. Villasor
(1973)]
A suit is against the State regardless of who is
named the defendant if:
i. it produces adverse consequences to the
public treasury in terms of
disbursement of public funds and loss
of government property.
ii. ii. cannot prosper unless the State has
given its consent.
The doctrine of immunity from suit will not
apply and may not be invoked where the public
official is being sued in his private and personal
capacity as an ordinary citizen, for acts without
authority or in excess of the powers vested in
him. [Lansang vs CA (2000)]
C. Doctrine of Parens Patriae
Parens patriae is the task of the government to
act as guardian of the rights of the people.
 This prerogative of parens patriae is inherent
in the supreme power of every state, whether
that power is lodged in a royal person or in the
legislature
 The Monte de Piedad y Caja de Ahorros de
Manila is an institution organized in
accordance with the canon law, having been
created by the royal order of the King of Spain
of July 8, 1880, made under the royal
patronate powers then existing in the Crown of
Spain. The royal order referred to created,
according to the purpose expressed therein, an
institution for the safe investment of the
savings of the poor classes and to assist the
needy in time of need by loaning such savings
to them at a low rate of interest. [Government
of the Philippine Islands v. Monte de Piedad,
(1916)]
DOCTRINE OF INAPPROPRIATE
PROVISIONS- A provision that is
constitutionally inappropriate for an
appropriation bill may be singled out for veto
even if it is not an appropriation or revenue
item. [Gonzales vs Macaraig, (1990)]
 The Constitution provides that only a
particular item or items may be vetoed. The
power to disapprove any item or items in an
appropriate bill does not grant the authority to
veto a part of an item and to approve the
remaining portion of the same item. [Bengzon
vs. Drilon, (1992)]
Decision on the constitutional question
must be determinative of the case itself.
 The reason for this is the doctrine of
separation of powers which requires that due
respect be given to the co-equal branches, and
because of the grave consequences of a
declaration of unconstitutionality. [De la Llana
v. Alba, (1982)]
Political Question Doctrine
a. The term “political question” refers to:
(1) matters to be exercised by the people in
their primary political capacity; or
(2) those specifically delegated to some
other department or particular office of the
government, with discretionary power to
act. It is concerned with issues dependent
upon the wisdom, not legality, of a
particular measure. [Tañada v. Cuenco,
(1957)]
In recent years, the Court has set aside this
doctrine and assumed jurisdiction whenever it
found constitutionally-imposed limits on the
exercise of powers conferred upon the
Legislative and Executive branches [BERNAS].
TAKEN FROM UP LAW REVIEWER 2012
 When required number is not obtained, the
case shall be decided en banc: Provided: that
no doctrine or principle of law laid down by the
court in a decision rendered en banc or in
division may be modified or reversed except by
the court sitting en banc
 The Supreme Court sitting en banc is not an
appellate court vis-à-vis its Divisions. The only
constraint is that any doctrine or principle of
law laid down by the Court, either rendered en
banc or in division, may be overturned or
reversed only by the Court sitting en banc.
[ Firestone Ceramics v. CA, (2000)]
Exceptions to rule prohibiting executive
officials from holding additional positions:
a. President (1) The President can assume a
Cabinet post, (because the departments are
mere extensions of his personality,
according to the Doctrine of Qualified
Political Agency, so no objection can be
validly raised based on Sec. 13, Art VII
Qualified political agency doctrine (also
alter ego principle)- “all the different executive
and administrative organizations are mere
adjuncts of the Executive Department, the
heads of the various executive departments are
assistants and agents of the Chief Executive,
and, except in cases wherein the Chief
Executive is required by
the Constitution or by the law to act in person
or the exigencies of the situation demand that
he act personally, the multifarious executive
and administrative functions of the Chief
Executive are performed by and through the
executive depts., performed and promulgated in
the regular course of business, are, unless
disapproved or reprobated by the Chief
Executive, presumptively acts of the Chief
Executive.” [Free Telephone Workers Union vs.
Minister of Labor and Employment (1981)]
Notes: From the rulings in Sarmiento III v.
Mison 1987, Bautista v. Salonga 1989, and
Deles v. Constitutional Commission 1989,
these doctrines are deducible:
1. Confirmation by the Commission on
Appointments is required only for presidential
appointees as mentioned in the first sentence
of Sec. 16, Art. VII, including those officers
whose appointments are expressly vested by
the Constitution itself in the President:
(a) Heads of the executive departments
(b) Ambassadors, other public ministers and
consuls
(c) Officers of the Armed Forces of the
Philippines with the rank of colonel or naval
captain (because these are officers of a sizeable
command enough to stage a coup)
(d) Other officers whose appointments are
vested in the President in the Constitution:
(i) Chairman and Commissioners of the
Constitutional Commissions (Sec 1 Art IX-B,
Sec 1 (2) Art IX-B, Sec 1(2) Art Ix-D)
(ii) Regular members of the Judicial and
Bar Council (Sec 8 (2) Art VII)
(iii) Sectoral representatives (Sec 7 Art
XVIII, Sec 18 Art X)
2. Confirmation is not required when the
President appoints other government officers
whose appointments are not otherwise provided
for by law or those officers whom he may be
authorized by law to appoint (like the
Chairman and Members of the Commission on
Human Rights). Also, as observed in Sarmiento
v. Mison, when Congress: o creates inferior
offices but omits to provide for appointment
thereto, or
o provides in an unconstitutional manner for
such appointments the officers are considered
as among those whose appointments are not
otherwise provided for by law.
"OPEN COURT" DOCTRINE
o holds that civilians cannot be tried by
military courts if the civil courts are open and
functioning.
o if the civil courts are not functioning, then
civilians can be tried by the military courts.
o Martial law usually contemplates a case
where the courts are already closed and the
civil institutions have already crumbled, that is
a "theater of war." If the courts are still open,
the President can just suspend the privilege
and achieve the same effect.
II. Natural Resources
A. Regalian Doctrine [Jura Regalia]
 The King had title to all the land in the
Philippines except so far as it saw fit to permit
private titles to be acquired.. [Cariño v. Insular
Government, (1909)]
TAKEN FROM UP LAW REVIEWER 2012
 As in previous Constitutions, the 1987
Constitution adheres to this doctrine as
illustrated by this section:
Art. XII, Sec. 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned
by the State. With the exception of agricultural
lands, all other natural resources shall not be
alienated.
 Under the Regalian Doctrine, all lands not
otherwise clearly appearing to be privately
owned are presumed to belong to the State. The
classification of public lands is an exclusive
prerogative of the Executive Department
through the Office of the President. [Republic v.
Register of Deeds of Quezon, (1994)]
DELEGATION OF POWERS
a. GENERAL RULE: Congress cannot delegate
its legislative power (Potestas delegate non
potest delegare)
Exceptions 1. Delegation of tariff powers to the
President (Art VI sec. 28(2)). 2. Delegation of
emergency powers to the President (Art VI sec.
23(2)). o Preconditions: i. Limited time period
CA 671 – passed delegative emergency powers
to the president in times of war and other
national emergencies. Since said grant was
given to meet the emergencies incidental to the
war, such powers ceased at the time the war
stopped ii. Power may be withdrawn by
resolution, not necessary that it be done
through statute iii. Subject to restrictions as
the congress may provide 3. Delegation to the
people at large. 4. Delegation to local
governments. 5. Delegation to administrative
bodies (rule-making power).
VETO POWER
AS A GENERAL RULE, all bills must be
approved by the President before they become
law, except when: (i) the veto of the President is
overridden by 2/3 vote of all the Members of
the House where it originated; and (ii) the bill
passed is the special law to elect the President
and Vice-President.
Private Lands
A. General Rule No private lands shall be
transferred or conveyed except to individuals,
corporations, or associations qualified to
 acquire or hold lands of the public domain.
(Art. XII, sec. 7)
Exceptions
i. Hereditary succession (Art. XII, sec. 7)
ii. ii. A natural-born citizen of the
Philippines who has lost his Philippine
citizenship may be a transferee of
private lands, subject to limitations
provided by law. (Art. XII, sec. 8)
Tests for a Valid Delegation
1. The Completeness Test The law must be
complete in all its terms and conditions
when it leaves the legislature so that there
will be nothing left for the delegate to do
when it reaches him except enforce it. 2.
The Sufficient Standard Test The law must
fix a standard, the limits of which are
sufficiently determinate or determinable, to
which the delegate must conform in the
performance of his functions. [Pelaez vs.
Auditor General, (1965)]
The totality test was applied to determine
whether or not the president has indeed resigned.
Many things were considered including the Angara
Diary. [Res’n on the Motion for Recon (2001]
Test of Arbitrariness: [IBP v. Zamora, (2000)]
 to be used by the Supreme Court in so reviewing
the act of the President in proclaiming or
suspending, or the act of Congress in extending
 seeks to determine the sufficiency of the factual
basis of the measure.
 The question is not whether the President or
Congress acted correctly, but whether he acted
arbitrarily in that the action had no basis in fact.
 amounts to a determination of whether or not
there was grave abuse of discretion amounting to
lack or excess of jurisdiction. (Sec 1(2) Art. VIII)
Theory of Auto-Limitation  It is the property of the
State-force due to which a State has exclusive legal
competence of selflimitation and self-restriction.
 Sovereignty is subject to restrictions and
limitations voluntarily agreed to by the Philippines,
expressly or impliedly, as a member of the family of
nations. [Tañada vs Angara (1997)]
TAKEN FROM UP LAW REVIEWER 2012
A. THE ENROLLED BILL THEORY
 An enrolled bill is the official copy of
approved legislation and bears the
certifications of the presiding officers of each
House.
 where the certifications are valid and are not
withdrawn, the contents of the enrolled bill are
conclusive upon the courts.
 RATIONALE OF ENROLLED BILL THEORY-
An enrolled Act in the custody of the Secretary
of State, and having the official attestations of
the Speaker of the House of Representatives, of
the President of the Senate, and of the
President of the United States, carries, on its
face, a solemn assurance by the legislative and
executive
STRUCTURE and POWERS of GOVERNMENT –
Separation of Powers
Departments of the government, charged,
respectively, with the duty of enacting and
executing the laws that it was passed by Congress.
The respect due to coequal and independent
departments requires the judicial department to
act upon that assurance, and to accept, as having
passed Congress, all bills authenticated in the
manner stated; leaving the courts to determine,
when the question properly arises, whether the
Act, so authenticated, is in conformity with the
Constitution [Astorga vs Villegas, (1974) citing
Field vs. Clark].
 Respect due to a co-equal department requires
the courts to accept the certification of the
presiding officer of the legislative body. [Casco vs
Gimenez (1963)]
 A duly authenticated bill or resolution imports
absolute verity and is binding on the courts.
[Mabanag v. Lopez Vito, (1947)]
“DOMINIUM” V “IMPERIUM” [LEE HONG HOK V.
DAVID, (1972)]
 “Dominium” is the capacity of the State to own
property.
 covers such rights as title to land, exploitation
and use of it, and disposition or sale of the same.
“Imperium”
 State’s authority to govern.
 covers such activities as passing laws governing
a territory, maintaining peace and order over it,
and defending it against foreign invasion.
 When the State acts in this capacity, it generally
enjoys sovereign immunity.
JURISDICTION
 Jurisdiction is the manifestation of sovereignty.
The jurisdiction of the state is understood as both
its authority and the sphere of the exercise of that
authority. (SINCO)
1. KINDS:
i. Territorial jurisdiction
 authority of the State to have all persons and
things within its territorial limits to be completely
subject to its control and protection.
ii. Personal jurisdiction
 authority of the State over its nationals, their
persons, property, and acts, whether within or
outside its territory. (Art 15, CC: Laws relating to
family rights and duties, or to the status, condition
and legal capacity of persons are binding upon
citizens of the Philippines, even though living
abroad.)
iii. Extraterritorial jurisdiction
 authority of the State over persons, things, or
acts, outside its territorial limits by reason of their
effects to its territory
SPECIAL AGENT
 one who receives a definite and fixed order or
commission, foreign to the exercise of the duties of
his office if he is a special official. [Merritt v. Govt
of the Philippine Islands, (1916)]
 This concept does not apply to any executive
agent who is an employee of the active
administration and who on his own responsibility
performs the functions which are inherent in and
naturally pertain to his office and which are
regulated by law and the regulations.
Expatriation is a constitutional right. No one can
be compelled to remain a Filipino if he does not
want to. [Go Gullian vs Government]
EXCEPTION: A Filipino may not divest himself of
Philippine citizenship in any manner while the
Republic of the Philippines is at war with any
country. (Sec. 1 (3), Com. Act No. 63)
Printed copies in its final form have been
distributed to its members 3 days before the
passage of the bill Exception: president certifies to
the necessity of its immediate enactment to meet a
public calamity or emergency
TAKEN FROM UP LAW REVIEWER 2012
EXCEPTIONS to rule prohibiting executive officials
from holding additional positions:
a. President (1) The President can assume a
Cabinet post, (because the departments are mere
extensions of his personality, according to the
Doctrine of Qualified Political Agency, so no
objection can be validly raised based on Sec. 13,
Art VII (2) The President is the Chairman of NEDA.
(Sec. 9, Art XII)
b. Vice-President xxx The Vice-President may be
appointed as member of the Cabinet. Such
appointment requires no confirmation (Sec 3, Art
VII)
c. Cabinet (1) The Secretary of Justice shall be an
exofficio member of the Judicial and Bar Council.
( Sec. 8[1], Art VIII) (2) Unless otherwise allowed by
law or by the primary functions of his position,
appointive officials shall not hold any other office
or employment in the Government or any
subdivision, agency or instrumentality thereof,
including government- owned or controlled
corporations or their subsidiaries. (Art. IX, B, 7,
par. 2)
Two months immediately before the next
presidential elections (2nd Monday of March), and
up to the end of his "term" (June 30), a President
(or Acting President) shall not make appointments.
(Sec 15, Art VII)
Exception: Temporary appointments, to executive
positions, when continued vacancies will (1)
prejudice public service (e.g Postmaster); or (2)
endanger public safety (e.g. Chief of Staff).
Sec. 38, Book V, Title I, Subtitle A, Chapter 6,
Administrative Code of 1987. Who: All government
employees, including those in GOCCs with original
charters
Art. XII, Sec. 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State.
With the EXCEPTION of agricultural lands, all
other natural resources shall not be alienated.