| Branch of public law that deals with the organization and operations of the governmental organs of the State and defines its relations with the inhabitants of the territory | Political Law |
| What comprises the Philippine Territory? | Article 1.
The national territory comprises the PHILIPPINE ARCHIPELAGO, with all the ISLANDS AND WATERS embraced therein,
and ALL OTHER TERRITORIES over which the Philippines has SOVEREIGNTY OR JURISDICTION,
consisting of its Terrestrial, Fluvial and Aerial domains, including its Territorial sea, the Seabed, the Subsoil, the Insular shelves, and other Submarine areas.
The WATERS Around, Between, and Connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the INTERNAL WATERS of the Philippines. |
| State the Archipelagic Doctrine | The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. |
| State the Doctrine of Constitutional Supremacy | Under this doctrine, if a law or contract VIOLATES ANY NORM OF THE CONSTITUTION, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is NULL AND VOID and without any force and effect. Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. (Manila Prince Hotel v GSIS, G.R. No. 122156, February 3, 1997) |
| What is the voting requirement to declare the existence of a state of war? | 2/3 vote of BOTH houses, in JOINT SESSION, voting SEPARATELY |
| All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of? | at least two-thirds of all the Members of the Senate. SEC 4 ART XVIII |
| What are the Constitutional provision on transparency in matters of public concern? | 1. Policy of FULL PUBLIC DISCLOSURE of GOVERNMENT TRANSACTIONS. (1987 Constitution, Art. II, Sec. 28)
2. RIGHT TO INFORMATION on matters of PUBLIC CONCERN. (1987 Constitution, Art. III, Sec. 7)
3. ACCESS to the RECORD AND BOOKS OF ACCOUNT OF THE CONGRESS. (1987 Constitution, Art. VI, Sec. 20) (2000 Bar)
4. SUBMISSION of SALN. (1987 Constitution, Art. XI, Sec. 17)
5. ACCESS TO INFORMATION on FOREIGN LOANS obtained or guaranteed by the government. (1987 Constitution, Art. XII, Sec. 21) |
| Three cities in Metro Manila passed ordinances that impose curfew on minors in their respective jurisdictions. Petitioners argue that the Curfew Ordinances are unconstitutional because they deprive parents of their natural and primary right in rearing the youth without substantive due process. Is the petitioners’ contention proper? | NO. While parents have the primary role in child-rearing, it should be stressed that "when actions concerning the child have a relation to the public welfare or the well-being of the child, the State may act to promote these legitimate interests. Thus, in cases in which harm to the physical or mental health of the child or to public safety, peace, order, or welfare is demonstrated, these legitimate state interests may override the parents' qualified right to control the upbringing of their children. |
| What is the Incorporation Clause? | The Philippines adopts the generally accepted principles of international law as PART OF THE LAW OF THE LAND
No legislative action is required to make them applicable in a country. |
| What is the Doctrine of Transformation? | Rules of international law are not per se binding upon the State but MUST FIRST BE EMBODIED IN LEGISLATION enacted by the lawmaking body and so transformed into municipal law. |
| Supreme and uncontrollable power inherent in a State by which the State is governed. | SOVEREIGNTY |
| What are the characteristics of Sovereignty? | (PEAC3i)
Permanent
Exclusive
Absolute
Comprehensive
3I - Indivisible, Inalienable, Imprescriptible |
| What is the Doctrine of Auto Limitation | While sovereignty has traditionally been deemed absolute and all-encompassing on the domestic level, it is however SUBJECT TO RESTRICTIONS AND LIMITATIONS voluntarily agreed to by the Philippines, expressly or impliedly as a member of the family of nations.
The sovereignty of a state therefore cannot in fact and in reality be considered absolute. Certain RESTRICTIONS enter into the picture: (1) limitations imposed by the very nature of membership in the family of nations and (2) limitations imposed by treaty stipulations. (Tañada v. Angara, G.R. No. 118295, May 2, 1997) |
| What is the Principle of Non-Intervention? | States are STRICTLY PROHIBITED FROM INTERVENING in the DOMESTIC AFFAIRS of other states, most famously in Article 2.4 of the UN Charter, which prohibits the threat or use of force against the territorial integrity or political independence of another state. It includes the concept that a state cannot intervene in a dictatorial way in the internal affairs of another state. |
| What is the Benevolent Neutrality Approach? | The “wall of separation” is meant to protect the church from the State.
It believes that with respect to governmental actions, ACCOMMODATION OF RELIGION MAY BE ALLOWED, not to promote the government’s favored form of religion, but to allow individuals and groups to exercise their religion without hindrance. (Estrada v. Escritor, A.M. No. P-02- 1651, June 22, 2006) |
| What is a self executing provision? | A provision which is COMPLETE BY ITSELF and becomes OPERATIVE WITHOUT THE AID OF SUPPLEMENTARY OR ENABLING LEGISLATION |
| What is the Doctrine of Separation of Powers | Legislation belongs to the Congress
Implementation to the Executive
Settlement of legal controversies and adjudication of rights to the Judiciary
Each department has EXCLUSIVE COGNIZANCE of and is SUPREME in matters fallng within its own constitutionally allocated sphere.
Each is prevented from invading the domain of the others |
| Can the President create a public office such as Philippine Truth Commission, to investigate reported cases of graft and corruption? | No, the President has no power to create a public office.
The power to create a public office is not shared by the Congress with the President/Executive. Separation of powers shall be observed. It is already settled that the President’s power of control can only mean the power of an officer to alter, modify, or set aside what a subordinate officer had done in the performance of his duties, and to substitute the judgment of the former for that of the latter\
As such, the creation by the President of a public office like the Truth Commission, without either a provision of the Constitution or a proper law enacted by Congress authorizing such creation, is not an act that the power of control includes. (Biraogo v. The Philippine Truth Commission, G.R. No. 192935, 7 December 2010, Bersamin, J. separate opinion) |
| Refers to an instance when powers are NOT CONFINED EXCLUSIVELY within one department but are assigned to or SHARED by several departments. | Principle of Blending of Powers |
| What is the Principle of Checks and Balances | Allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. |
| An appropriations law granting the legislators lump-sum funds in which they have full discretion on what project it would fund and how much the project would cost, was passed. Is such law constitutional? | No, such law is unconstitutional.
The law violates the Principle of Separation of Powers when it allowed legislators to wield budget execution. It also violates the Principle of non-delegation of legislative power when it conferred unto legislators the power of appropriation by giving them discretion to fund specific projects which they themselves determine. |
| What is the doctine of State immunity | The State may not be sued without its consent.
(1987 Constitution, Art. XVI, Sec. 3) |
| When is a suit considered a suit against the State? | 1. The Republic is SUED BY NAME;
2. The suit is against an UNINCORPORATED government agency performing PROPRIETY
functions; and
3. The suit is on its face against a GOVERNMENT OFFICER but the case is such that ultimate liability will belong to the government. (Republic v. Sandoval, G.R. No. 84607, March 19, 1993) |
| What is the true test in determining whether a suit against a public officer is a suit against the State? | if a public officer or agency is sued and made liable, the State will have to perform an affirmative act of APPROPRIATING THE NEEDED AMOUNT to satisfy the judgment. If the State will have to do so, then, it is a suit against the State. |
| Can government funds be subject of garnishment? | General rule, Whether the money is deposited by way of general or special deposit, they remain government funds and are NOT SUBJECT TO GARNISHMENT
Exception, Where a LAW OR ORDINANCE HAS BEEN ENACTED appropriating a specific amount to pay a valid government obligation, then the money can be garnished. |
| K filed an action directly in court against the government seeking payment for a parcel of land which the national government utilized for a road widening project. Can the government invoke the doctrine of non- suitability of the state? | NO. When the government expropriates property for public use without paying just compensation, it cannot invoke its immunity from suit. Otherwise, the right guaranteed in Sec. 9, Art. III of the 1987 Constitution that private property shall not be taken for public use without just compensation will be rendered nugatory. (Ministerio v. CFI, G.R. No. L-31635, August 31, 1971) |
