POLITICAL LAW justice, dealings of the state

with foreign powers etc.

CONSTITUTION OF THE PHILIPPINES

The supremacy of the constitution – the constitution is the basic b. Doctrine of Parens Patriae – guardian of the
and paramount law to which all other law must conform and to rights of the people. (This is the important
which all persons, including the highest officials of the land, must task of the government)
defer.
De jure government – rightful title but no power of control.
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De facto government – government of fact that actually exercises
CONCEPT OF THE STATE power but without legal right. (hague convention 1907 defines the
duties and powers of a de facto government)
State – community of persons, more or less numerous,
permanently occupying a fixed territory, and possessed of an 3 kinds of de facto government:
independent government organized for political ends to which the
great body of inhabitants render habitual obedience. 1. Government that gets possession and control of, or usurps, by
force or by the voice of the majority, the rightful legal governments
NATION STATE and maintains itself against the will of the latter.
Indicates a relation of birth or Legal concept considered as
origin and implies a common an organized political 2. Established and maintained by military forces who invade and
race, usually characterized by community under a occupy a territory of the enemy in the course of war, and which is
community of language and government. denominated a government of paramount force.
customs. Thus a nation may
consist of several states. 3. Established as an independent government by the inhabitants of
a country who rise in insurrection against the parent state.

 Laws of a political nature or affecting political relations,

Elements of a state – people, territory, government and such as, among others, the right of assembly, the right
sovereignty. to bear arms, the freedom of the press, and the right to
travel freely in the territory occupied, are considered as
 People – refers to the inhabitants of the state. suspended or in abeyance during the military
occupation.
They must be numerous enough to be self-sufficing and to
defend themselves and small enough to be easily  The municipal laws of a conquered territory, or the laws
administered and sustained. which regulate private rights, continue in force during
military occupation, excepts so far as they are
 Territory – is the fixed portion of the surface of the earth suspended or changed by the acts of conqueror.
inhabited by the people of the state.
Discussion of de facto in the case of co kim chan vs dizon
There must be a permanent territory. It must be neither too
big as to be difficult to administer and defend nor too small It necessarily follows that the judicial acts and
as to be unable to provide for the needs of the population. proceedings of the courts of justice of those governments, which
The territory is composed of the land mass, the maritime, are not of a political complexion, were good and valid, and, by
fluvial and aerial domain. virtue of the well-known principle of postliminy (postliminium) in
international law, remained good and valid after the liberation or
Archipelago doctrine – it is the connection of the outermost reoccupation of the Philippines by the American and Filipino forces
points of our archipelago with straight baselines and consider under the leadership of General Douglas MacArthur. According to
all the waters enclosed thereby as internal waters. that well-known principle in international law, the fact that a
territory which has been occupied by an enemy comes again into
 Government – is the agency or instrumentality through the power of its legitimate government of sovereignty, "does not,
which the will of the state is formulated, expressed and except in a very few cases, wipe out the effects of acts done by an
realized. invader, which for one reason or another it is within his
a. Functions: constituent and ministrant. competence to do. Thus judicial acts done under his control, when
they are not of a political complexion, administrative acts so done,
Constituent Ministrant to the extent that they take effect during the continuance of his
control, and the various acts done during the same time by private
Constitute the very bonds of Those undertaken to advance persons under the sanction of municipal law, remain good. Were it
society and are therefore the general interests of otherwise, the whole social life of a community would be paralyzed
compulsory. society. by an invasion; and as between the state and the individuals the
evil would be scarcely less, — it would be hard for example that
Ex. Keeping order in the Ex. Public works, charity, payment of taxes made under duress should be ignored, and it
society, administration of regulation of trade etc. would be contrary to the general interest that the sentences
passed upon criminals should be annulled by the disappearance of
the intrusive government." (Hall, International Law, 7th ed., p.
518.) And when the occupation and the abandonment have been
each an incident of the same war as in the present case, postliminy
applies, even though the occupant has acted as conqueror and for
the time substituted his own sovereignty as the Japanese intended
to do apparently in granting independence to the Philippines and
establishing the so-called Republic of the Philippines.
That not only judicial but also legislative acts of de facto
governments, which are not of a political complexion, are and
remain valid after reoccupation of a territory occupied by a
belligerent occupant, is confirmed by the Proclamation issued by
General Douglas MacArthur on October 23, 1944, which declares
null and void all laws, regulations and processes of the
governments established in the Philippines during the Japanese
occupation, for it would not have been necessary for said
proclamation to abrogate them if they were invalid ab initio.
Government Administration
Agent of the state which Group of persons in which
administers and fulfills the hands the reins of
aims of the latter and its government are for the time
inhabitants. being.
 Sovereignty – is the supreme and uncontrollable power
inherent in a state by which that state is governed.
a. Legal sovereignty – the authority which has the power to issue
final commands. (congress)
b. Political sovereignty – is the power behind the legal sovereign,
or the sum of influences that operate upon it. (the people
themselves)
c. internal sovereignty – the power of the state to control its
domestic affairs.
d. external sovereignty – is the power of the state to direct its
relations with other states, also known as independence.
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THE DOCTRINE OF STATE IMMUNITY
Basis: Justice Holmes that "there can be no legal right against the
authority which makes the law on which the right depends."
The state may not be sued without its consent. The added basis in
this case is the sovereign equality of states, under which, one state
cannot assert jurisdiction over another in violation of the maxim
par in parem no habet imperium.
EXCEPTIONS:
1. When the foreign state is engaged in business and trade
with the host state. If the contract purely involves
commercial, private and propriety acts, the foreign
state can be subjected to a lawsuit. However, the same
does not go with contracts entered into by a state with
respect to its governmental and sovereign acts.
2. Exercise by the government of the power of eminent
domain without just compensation.
3. The state may, if it so desires, divest itself of its
sovereign immunity and thereby voluntarily open itself
to suit.
4. If the purpose of the suit is to repel, to resist a claim
against a state, the state is not considered to having
waived is right. Except when the state seeks affirmative
relief from the opposing party or parties.
There are forms of consent which can subject a state in a lawsuit.
These are the following: expressly or impliedly
1. Express consent – may be manifested either through a
general law or a special law. (it is necessary that there is
a law)
Ex. ACT No. 3083 - the government of the Philippines
consents to be sued upon any moneyed claim involving liability
arising from contract, express or implied, which could serve as a
basis of civil action between private parties. (PD No. 1445 – claim
must first be filed before COA and shall be decided within 60 days.
Rejection of which will authorize the claimant to elevate the matter
in SC)
2. Implied consent – is given when the state itself
commences litigation or when it enters into a contract.
(The contract must have been entered by the
government in its commercial or propriety function in
order for it to be sued, otherwise state immunity as a
defense can be invoked)
State can also be sued:
1. Acts performed by special agent (art. 2180 CC)
2. LGU – Sec. 22 of the Local government code. (The local
government unit (LGU) has the duty to make sure that public works
within their territorial jurisdiction are in proper condition and are
well-maintained)
3. The defense of immunity from suit cannot be set by the state if
there is a property taken without just compensation. (Republic vs
Sadinganbayan)
SUITS AGAINST GOVERNMENT AGENCIES
 It must be ascertained that the state has given its
consent to be sued. These are the following
ascertainment: incorporated and unincorporated. (rule:
it is suable if its charter says so, and this is true
regardless of the functions it is performing)
 Incorporated agency – has a charter of its own that
invests it with a separate juridical personality. The test
of suability is found in its charter. (SSS, UP, City of
Manila)
 Unincorporated agency – it has no separate juridical
personality but is merged in the general machinery of
the government. (DOJ, government printing office)
  To remember: unincorporated agencies have no charter
to consult. Any suit against it is necessarily an action
against the Philippine government. This being so, it is
necessary to determine the nature of the functions in
which the agency is engaged, so as to hold it suable if
they are propriety and not suable if they are
governmental.
 The non-suability of the state is available to the agency
even if it is shown that it is engaged not only in
governmental functions but also, as a sideline, or
incidentally, in propriety enterprises. (Mobil Philippines
exploration, inc. v. customs arrastre service and bureau
of printing v. bureau of printing employees association)
 Suability vs liability. Suability is the result of the express
or implied consent of the state to be sued. Liability is
determined after hearing on the basis of the relevant
laws and established facts. A state may be sued but not
liable.
Exemption from legal requirements
When the state litigates, it is not required to put up a bond for
damages or an appeal bond, since it can be assumed it is always
solvent.
When it involves a writ of execution against the funds of the
government:
Government funds and properties may not be seized under writs
of execution or garnishment to satisfy judgements. Disbursement s
of public funds must be covered by the corresponding
appropriation as required by law.
Properties held for public uses – and generally everything held for
governmental purposes – are not subject to levy and sale under
execution against such corporation. The same rule applies to funds
in the hands of a public officer and taxes due to a municipal
corporation.
Exceptions:
1. Where a municipal corporation owns a property in its propriety
capacity, a property for a quasi-private purpose, such property may
be seized and sold under execution against the corporation.
Cases involving state immunity
Exception to state immunity: justice and equity
Neither can petitioners escape the obligation to
compensate respondent for services rendered and work done by
invoking the states immunity from suit. The doctrine of
governmental immunity from suit cannot serve as an instrument
for perpetrating an injustice to a citizen. (EPG Construction v.
DPWH)
To be sure, this Court as the staunch guardian of the
citizens' rights and welfare cannot sanction an injustice so patent
on its face, and allow itself to be an instrument in the perpetration
thereof. Justice and equity sternly demand that the State's cloak of
invincibility against suit be shred in this particular instance, and
that petitioners-contractors be duly compensated on the basis of
quantum meruit for construction done on the public works housing
project.
EXCEPTIONS TO EXHAUSTION OF ADMINISTRATIVE REMEDIES
Republic of the Philippines vs lacap
(a) where there is estoppel on the part of the party invoking the
doctrine; (b) where the challenged administrative act is patently
illegal, amounting to lack of jurisdiction; (c) where there is
unreasonable delay or official inaction that will irretrievably
prejudice the complainant; (d) where the amount involved is
relatively so small as to make the rule impractical and oppressive;
(e) where the question involved is purely legal and will ultimately
have to be decided by the courts of justice; (f) where judicial
intervention is urgent; (g) where the application of the doctrine
may cause great and irreparable damage; (h) where the
controverted acts violate due process; (i) where the issue of non-
exhaustion of administrative remedies has been rendered moot; (j)
where there is no other plain, speedy and adequate remedy; (k)
where strong public interest is involved; and (l) in quo warranto
proceedings. In the present case, conditions (c) and (e) are present.
MONEY CLAIMS AGAINST THE STATE:
1. Moreover, it is settled jurisprudence that upon determination of
State liability, the prosecution, enforcement or satisfaction thereof
must still be pursued in accordance with the rules and procedures
laid down in P.D. No. 1445, otherwise known as the Government
Auditing Code of the Philippines (Department of Agriculture v.
NLRC, 227 SCRA 693, 701-02 1993 citing Republic vs. Villasor, 54
SCRA 84 1973). All money claims against the Government must first
be filed with the Commission on Audit which must act upon it
within sixty days. Rejection of the claim will authorize the claimant
to elevate the matter to the Supreme Court on certiorari and in
effect, sue the State thereby (P.D. 1445, Sections 49-50).
UP case
UP’s funds, being government funds, are not subject to
garnishment.
The funds of the UP are government funds that are public in
character. They include the income accruing from the use of real
property ceded to the UP that may be spent only for the attainment
of its institutional objectives. Hence, the funds subject of this action
could not be validly made the subject of the RTC’s writ of execution
or garnishment. The adverse judgment rendered against the UP in
a suit to which it had impliedly consented was not immediately
enforceable by execution against the UP, because suability of the
State did not necessarily mean its liability.
The UP correctly submits here that the garnishment of its funds to
satisfy the judgment awards of actual and moral damages
(including attorney’s fees) was not validly made if there was no
special appropriation by Congress to cover the liability.
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Amendment vs Revision

Article 17 of the constitution

 Amendment refers to isolated or piecemeal change

only.

 Revision is a revamp or rewriting of the whole

instrument.

Steps of amending or revising a constitution:

1. Proposal

 Section 1 of ART 17 – it may be proposed by:

(a) congress upon a vote of 3/4 of all its members.

(b) constitutional convention

 Sec. 2 --- amendments may directly proposed by the

people (initiative --- upon a petition of at least 12 per
centum of the total number of registered voters, of
which each legislative district must be represented by
at least 3 per centum of the registered voters therein).
No amendment shall be authorized within 5 years
following the ratification of this constitution nor
oftener that once every 5 years thereafter.

 Sec 3 --- congress may, by a vote of 2/3 of all its

members, call a constitutional convention or by a
majority vote of all its members, submit to the
electorate the question of calling such convention.

 Sec 4 – ratification. Amendment and revision --- valid

when ratified by a majority of the votes cast in a
plebiscite --- held not earlier than 60 days or later than
90 days after the approval of such amendment or
revision.