Sovereignty

The supreme and uncontrollable power inherent in a State by which that state is governed.
-Isagani Cruz, Philippine Political Law

Legal sovereignty
Is the supreme power to affect legal interests either by legislative, executive, or judicial action.
This is lodged in the people but is normally exercised by state agencies
-Bernas Commentary 2003 edition

Political sovereignty
Sum total of all the influences of a State, legal and non-legal, which determine the course of
law.

Independence
condition of a nation, country, or state, in which residents and population, or some portion
thereof, exercise self-government, and usually sovereignty, over its territory..

Jure Gestionis
are commercial acts in respect of which the state is not immune but is subject to the jurisdiction
of the territorial sovereign.

According to the newer or restrictive theory, the immunity of the sovereign is recognized only
with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts
jure gestionis.
-Arigo v. Swift GR. 206510

Postliminium

Principle of Jus Postliminium—at the end of the occupation, when the occupant is ousted from
the territory, the political laws which have been suspended shall automatically become effective
again.
(Peralta vs. Director of Prisons, No. L049,November 12, 1945)

Political Rights

Political right of the citizens in a republican system is the right actively to participate in the
establishment or administration of government.
-Arsenio Gonzales v. COMELEC GR. 27833

Sovereign immunity

A sovereign cannot, without its consent, be made a respondent in the courts of another
sovereign. (Holy See v. Rosario)
Civil Rights

The term "civil rights," has been defined as referring -" (to) those (rights) that belong to every
citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected
with the organization or administration of government. They include the rights of property,
marriage, equal protection of the laws, freedom of contract, etc. Or, as otherwise defined civil
rights are rights appertaining to a person by virtue of his citizenship in a state or community.
-Simon v Commission on Human Rights

Substantive Rights

rights concerning life, liberty or property, or the powers of agencies or instrumentalities for the
administration of public affairs
-Primicias v. Ocampo (GR. L-6120)

Procedural Rights

Rights given by the Remedial laws which prescribes the method of enforcing rights or obtain
redress for their invasions.
-Primicias v. Ocampo (GR. L-6120)

De Facto Government

government de facto in a proper legal sense, is that government that gets possession and
control of, or usurps, by force or by the voice of the majority, the rightful legal governments and
maintains itself against the will of the latter
-Co Kim Cham v. Valdez

De Jure Government

A de jure government is the legal, legitimate government of a state and is so recognized by

other states.

Social Justice

Social justice is "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.
-Calalang v. Williams

Human Dignity
Human dignity recognizes the equal, inherent, and inalienable value of every person. It touches
every important aspect of the human experience, from sexual and gender identity, to citizenship,
equality and privacy, education and employment, healthcare, and more
Equality Clause and Uniformity Clause

Uniformity in taxation v. Equality in taxation.

Uniformity in taxation means that persons or things
belonging to the same class shall be taxed at the
same rate. It is distinguished from equality in
taxation in that the latter requires the tax imposed
to be determined on the basis of the value of the
property.
-Isagani Cruz, Philippine Political Law

Non-Establishment Clause

No public money or property shall be appropriated, applied, paid, or employed, directly or

indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution,
or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary
as such, except when such priest, preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government orphanage or leprosarium
-Sec 29 Art VI 1987 Consti

Administrative due process

Due process in an administrative context does not require trial-type proceedings similar to those
in courts of justice. Where opportunity to be heard either through oral arguments or through
pleadings is accorded, there is no denial of procedural due process.
-Samalio v. Court of Appeals

Exclusionary Rule

any evidence obtained in violation of this constitutional mandate is inadmissible in any

proceeding for any purpose.
-Dabon v. People

Principles of fruit if the poisonous tree

Any evidence obtained in violation of [the right against unreasonable searches and seizures]
shall be inadmissible for any purpose in any proceeding.
-People v. Cogaed

Principles of right against self-incrimination

The right against self-incrimination is accorded to every person who gives evidence, whether
voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding.
The right is not to be compelled to be a witness against himself
-Rosete v. Lim

Clear and Present Danger Rule/Dangerous Tendency

Limitation on Freedom of Expression These are the "clear and present danger" rule and the
"dangerous tendency" rule. The first as interpreted in a number of cases, means that the evil
consequence of the comment or utterance must be "extremely serious and the degree of
imminence extremely high" before the utterance can be punished. The danger to be guarded
against is the "substantive evil" sought to be prevented. And this evil is primarily the "disorderly
and unfair administration of justice."
-Cabansag v. Fernandez

GOCC

a state-owned enterprise that conducts both commercial and non-commercial activity.

Government-Owned or -Controlled Corporation (GOCC) refers to any agency organized as a

stock or nonstock corporation, vested with functions relating to public needs whether
governmental or proprietary in nature, and owned by the Government of the Republic of the
Philippines directly or through its instrumentalities either wholly or, where applicable as in the
case of stock corporations, to the extent of at least a majority of its outstanding capital stock:
Provided, however, That for purposes of this Act, the term "GOCC" shall include GICP/GCE and
GFI as defined herein.
-Section 3 RA10149

Miranda Rights Principle

These mandatory "Miranda Rights" begin with "the right to remain silent.”
-Miranda v. Arizona

Balancing of interest test

The "balancing of interests" test requires that a determination must first be made whether the
necessary safeguarding of the public interest involved may be achieved by some other measure
less restrictive of the protected freedom.
-Soriano v. Laguardia, dissenting opinion

Differentiate liability vs suability

A distinction should first be made between suability and liability. "Suability depends on the
consent of the state to be sued, liability on the applicable law and the established facts. The
circumstance that a state is suable does not necessarily mean that it is liable; on the other hand,
it can never be held liable if it does not first consent to be sued. Liability is not conceded by the
mere fact that the state has allowed itself to be sued. When the state does waive its sovereign
immunity, it is only giving the plaintiff the chance to prove, if it can, that the defendant is liable.
-UP vs. Dizon

Right to Life

This means that nobody, including the Government, can try to end your life. It also means the
Government should take appropriate measures to safeguard life by making laws to protect you
and, in some circumstances, by taking steps to protect you if your life is at risk.
-The Human Rights Act

Define Good Life

The good life is a term that refers to a (desirable) state that is primarily characterized by a high
standard of living or the adherence to ethical and moral laws.

Define Family

The family is the basic and the most important institution of society. It is in the family where
children are born and molded either to become useful citizens of the country or troublemakers in
the community.
-Quaio v. Quiao

Social Institution

A social institution is a group or organization that has specific roles, norms, and expectations,
which functions to meet to social needs of society. The family, government, religion, education,
and media are all examples of social institutions

Alma-ata Declaration

It expressed the need for urgent action by all governments, all health and development workers,
and the world community to protect and promote the health of all people. It was the first
international declaration underlining the importance of primary health care.