CHAPTER IV - It has no separate juridical personality
but is merged in the general machinery
THE DOCTRINE OF STATE IMMUNITY
of the government
The State may not be sued without its consent
(Art. XVI, Sec. 3, 1987Constitution)
Suability vs. Liability
Basis of Non-suability of State
Based on the logical and practical Suability - Result of the express or implied
ground that there can be no legal consent of the State to be sued.
right against the authority which makes Liability - determined after hearing
the law on which the right depends
on the basis of the relevant laws & the
(Justice Holmes).
established Facts.
Application
The test is whether, assuming the
decision is rendered against the public
officer impleaded, enforcement thereof
will require an affirmative action from
the state such as the appropriation of
the needed amount to satisfy the
judgment
Waiver of Immunity
The State may be sued if it gives its
consent.
Forms of Consent
Expressed consent - manifested either
through a general law or special law
Implied consent – State commences
litigation or when it enters into a
contract
When the government enters into a
contract for the State, it is then
deemed to have divested itself of the m
antle of immunity and
descended to the level of the ordinary
individual.
Immunity would be lost regardless of
the nature of the contract
(Santos vs. Santos, Lyons vs. USA).
Suability would follow only if the
contract is entered into by the govt by
in its proprietary capacity (USA vs. Ruiz)
Governmental contracts do not result in
implied waiver of the immunity of the
state from suit
Suit against Government Agencies
It must be ascertained if the principal
has given its consent to be sued. It will
depend in the first instance on whether
agency impleaded is in corporated or
unincorporated
Incorporated agency
- Charter of its own that invests it with a
separate juridical personality.
- The test of its suability is found in its
charter
Unincorporated agency
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CHAPTER V of international law (doctrine of
incorporation)
FUNDAMENTAL PRINCIPLES
AND Rearing of the Youth
STATE POLICIES (Art. II, Sec. 12 and Sec. 13) Deal with
the proper rearing of the youth
Article II lays down the rules underlying our This power is exercised most
system of government and effectively, at least during the child’s
must therefore be adhered to in the conduct of formative years, through the school
public affairs and the resolution of public issues.
Women
(Art. II, Sec. 14) Deals with the role of women in
nation-building
Preamble
Not considered a source of substantive
right since its purpose is only to Social Justice
introduce. Sallust populi est suprema lex – The
Literally means “to walk before.” welfare of the people is the supreme law.
(Praeambulus : Walking in front)
Indicates the authors of the Separation of Church and State
Constitution.
(Art. II, Sec. 6 reiterates)
Enumerates the primary aims and
“The separation of Church and State
expresses the aspirations of the framers
shall be inviolable.”
in drafting the Constitution.
It is a useful aid in construction and The doctrine cuts both ways:
interpretation of the text of
State is prohibited from
constitution
interfering in purely ecclesiastical
affairs;
Republicanism
The Church is barred from
A republic is a representative
meddling in purely secular matters.
government, a government fun by and
No excessive entanglement.
for the people.
The essence of republicanism is
Supremacy of Civilian Authority
representation and renovation
(Art. II, Sec. 3)
The Defense of the State “Civilian authority is
at all times, supreme over the military.
(Art. II, Sec. 4, 1987 Constitution)
The Armed Forces of the
All citizens may be required, under
Philippines is the protector of the people and
conditions provided by law, to render
the State. Its goal is to secure the sovereign
personal military civil service
of the State and the integrity of the national
The duty is imposed upon all citizens territory.”
The duty must be personal, to preclude
the hiring by the rich of mercenaries or Local Autonomy
professional soldiers to take their place
in the defense of the State. “The strengthening of the local
government is based on the
Jeffersonian view that “municipal
corporations are the small republics
from which the great one derives its
strength”
The Incorporation Clause
(Art. II, Sec. 2)
The Philippines…adopts the generally ac
ceptedprinciples of international law as
part of the law of the land
Every State is, by reasons of its
membership in the family of nations
bound by generally accepted principles
2
Examples:
- The enactment of general
appropriations law, which begins with
the preparation by the president of the
CHAPTER VI budget which becomes the basis of the
SEPARATION OF POWERS bill adopted by the Congress and
subsequently submitted by the
The Doctrine President, who may then approve it.
- The grant of amnesty by the President
Is observed in our
which requires the concurrence of a
country not only because it is
majority of all members of the
regarded as a
Congress.
characteristic of republicanism
- COMELEC does not alone
But also for the reason of major powers
deputize law enforcement
of government are actually distributed
agencies to ensure free, orderly,
by the Constitution among the several
honest, peaceful and credible elections
departments and the Constitutional
but does so with consent of the
Commissions
President
Purpose
Doctrine of separation of powers - is The Role of the Judiciary
intended to prevent a concentration of Has the primordial duty to uphold the
authority in one person or group supremacy of the Constitution.
of persons that might lead to an To determine the valid exercise of powe
irreversible error or abuse in its r, the first criterion is whether
or not the power in question has
exercise to the detriment of our
been constitutionally conferred
republican institutions.
upon the department claiming its
According to Justice Laurel exercise
(Pangasinan Transportation Co. vs. PSC)
- Secure action
- Forestall over action
- Prevent despotism
- Obtain efficiency
To achieve these purposes: Checks and Balances
Legislative - enactment of laws and may not A system by which one department is
enforce or apply them allowed to resist encroachments
upon its prerogatives or to rectify
Executive - enforcement of laws and may not mistakes or excesses committed by the
enact or apply them; other departments.
Illustrations:
Judiciary - application of laws and may not - Lawmaking power of the
enact or enforce them Congress is checked by the
The keynote of conduct of the various President through his veto
agencies of the government under the power, which may be overridden by the
doctrine of separation legislature.
of powers is not independence but - The Congress may refuse to
interdependence. give its concurrence to an
amnesty proclaimed by the President
and the Senate to a treaty he has
concluded.
- The President may nullify a conviction
Blending of Powers in a criminal case
by pardoning the offender
There are instances under the
(Gloria Arroyo to Teehankee).
Constitution when powers are not
- The judiciary has the power to declare
confined exclusively within one department but
invalid an act done
are in fact assigned to or shared by several
by Congress, the President and his
departments a “blending of powers.”
subordinates, or the Constitutional
Commissions
3
Justiciable vs. Political Questions
Justiciable questions
- Implies a given right
- Legally demandable and enforceable
- An act or omission
violative of such right, and a remedy
granted and sanctioned by
law, for said breach of right
(Casibang vs. Aquino).
Political questions
- It connotes what it means in ordinary
parlance, namely, a question of policy.
- It is concerned with issues dependent
upon the wisdom, not legality of a
particular measure
Political Questions under the New Constitution
(Art. VIII, Sec. 1)
Broadens the concept of judicial power.
It has the duty
“To determinewhether or not there has
been a grave abuse of discretion
amounting to lack or excess of
Jurisdiction on the part of any
branch or instrumentality of the
Government.”
There is grave abuse of discretion:
- When an act done is contrary to the
Constitution, the law or jurisprudence
or
- It is executed whimsically, capriciously,
arbitrarily, out of malice, ill will
or personal bias
(InfoTech vs. COMELEC)
The broadened concept of judicial
power is not meant to do away with
the political questions doctrine itself.
The concept must sometimes yield to
separation of powers, to the doctrine
on ‘political questions’ or to the
‘enrolled bill’ rule
4
CHAPTER VII The local legislatures are more
DELEGATION OF POWERS knowledgeable than the national
lawmaking body on matters of purely
Potestas delegata non delegari potest Local concern and are therefore in a
“What has been delegated cannot be better position to enact the necessary
delegated further.” and appropriate legislation
The delegation of legislative power has
become the rule and its non delegation Delegation to Administrative Bodies
the exception Administrative agencies may
implement the broad policies laid down
Permissible Delegation
in a statute by “filling in” the details
Delegation of tariff powers to the which the Congress may not
President have the opportunity or competence to
Delegation of emergency powers to the provide.
President. This is effected by their promulgation of
what are known as supplementary
Delegation to the people at large.
regulations, such as
Delegation to local governments. the implementing rules issued by
Delegation to administrative bodies. the Department of Labor on the Labor
Code
Tariff Powers
(Art. VI, Sec. 28 (2))
The legislative process is much too
cumbersome for the speedy solution
of some economic problems, especially
those relating to foreign trade
Emergency Powers
Tests of Delegation
Art. VI, Sec. 23(2)
The true distinction is between:
Conditions for the vesture of emergency powers
in the President are the following: Delegation of power to make law
(Cannot be done)
- There must be war or other
Conferring authority or discretion as to
national emergency.
- The delegation must be for a its execution to be exercised under an
limited period only. in pursuance of the law
- The delegation must be subject to (No valid objection can be made)
such restrictions as the Congress
may prescribe. - Completeness Test - The law must
- The emergency powers must beexe be complete in all its essential
rcised to carry out a nationalpolicy terms and conditions when it leaves
declared by the Congress the legislature so that there will be
nothing left for the delegate to do
when it reaches him except enforce
it
- The Sufficient Standard Test -
intended to map out the
Delegation to the People boundaries of the delegate’s
- Referendum authority by
Method of submitting an important
defining the legislative policy and
legislative measure to a direct vote
indicating the circumstances under
of the whole people.
- Plebiscite which it is to be pursued and
Intended to work effected.
more permanent changes in the Pelaez Case
political structure, like a proposal to
amend the Constitution. (Emmanuel Pelaez vs. Auditor General)
Delegation to Local Governments
5
The completeness test and
sufficient standard test must be applied
together or concurrently
