Professional Documents
Culture Documents
Midterm Reviewer
General Principles:
The Constitution is the highest law of the land. It is the basic & paramount law to which all other laws must conform.
Definition of Constitutional Law
- Constitutional Law - a term used to designate the law embodied in the constitution and legal principles growing
out of the interpretation and application made by the courts of the provisions of the constitution in specific cases.
- Political Law – a branch of public law which deals with the organization and operation of government organs of the
state and defines the relations of the state with the inhabitants of its territory (Macariola v Asuncion)
Scope/Divisions of Constitutional Law
- Constitutional Law II
- Administrative Law
- Law on Public Officers
- Public/Municipal Corporations
- Elections Law
- Public International Law
Spooner
Truman Bill PH Bill of 1092
Amendment (1901)
1968-1969 Clammor
Tydings-McDuffie
Jones Law (1916) to Change 1935
(1934-1939)
Constitution
Post-EDSA Temporary
1987 Constitution
revolution EO 1 Constitution in the
was ratified on
(Reorganization of PH (Freedom
February 2, 1987
Government) Constitution)
The Philippines as a State
legal doctrine that the State cannot commit a legal wrong and is immune from civil or criminal prosecution
Suability is not liability
Impeachment complaint is an inquiry/investigation trial by the senate to the conduct of public men
Secretary of Justice, through the Office of the Solicitor General acts as the legal representative of the Government of the
Philippines
Basis
- Republic vs Villasor, GR No L-30671, November 28, 1973
There can be no legal right against the authority that makes the law on which the right depends.
By virtue of its own sovereignty, a state may not be sued on its own courts except through express
authorization by legislature.
Immunity enjoyed by other states
- Heads of states, foreign ambassadors, diplomats, etc.
- Extraterritoriality; Exterritoriality; reciprocity; extradition
- foreign public vessels
- International Organizations
Test to determine if suit is against the state:
- Sanders vs Veridiano, GR No L-46930, June 10, 1988
Jurisprudence provides that if officers are acting in behalf of the government and within the scope of their
authority, it is the government, and not the officers personally that is responsible for their acts.
If suit is against public officers:
- Shauf Vs Court of Appeals, GR No 90314, November 27, 1990
Jurisprudence provides that the cloak of protection afforded to government officials is removed when they
act in their personal or individual capacity. This usually happens when the officers acts beyond or in excess
of the authority vested in him.
If against the personal capacity of defendant, state immunity could not be invoked. State’s consent is needed if suit will lie
against it.
Implied consent:
- State enters into a contract
- State files a counter-claim
- State commences litigation
Express consent – can only be given through act of congress or by special law (Commonwealth Act No. 327, amended by
Decree no. 1445)
GOCC funds are not exempt from garnishment.
Public funds/government funds are exempt from garnishment
By consenting to be sued, the government does not necessarily mean that it is liable, rather it gives the other party an
opportunity to show that the State is liable.
Citizenship