General Considerations

Question 1

What comprises the national territory?

Answer 1

The national territory is comprised of:

1. The Philippine archipelago, with all the islands and waters embraced therein; Internal waters, or waters around, between, and connecting the islands of the archipelago, regardless of breadth and dimension; and
2. All other territories over which the Philippines has sovereignty or jurisdiction

Question 2

What does the national territory consist of?

Answer 2

1. Territorial sea, seabed, subsoil, insular shelves, and other submarine areas
2. Terrestrial, fluvial, and aerial domains

Question 3

Define the Arichipelagic Doctrine.

Answer 3

A body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. [N.B. Embodied in Art. II, specifically by the mention of the “Philippine archipelago” and the specification on “internal waters.”]

Question 4

Treaty limits of the Philippine archipelago (enum)

Answer 4

• Treaty of Paris of 10 December 1898
• Treaty of Washington
• Treaty of 12 January 1930 between the United States and Great Britain

a. Treaty of Paris of 10 December 1898: “Spain cedes to the United States the archipelago known as the Philippines Islands, and comprehending the islands lying within the following line” xxx Article 3 defines the metes and bounds of the archipelago by longitude and latitude, degrees and seconds. Technical descriptions are made of the scope of the archipelago as this may be found on the surface of the earth.
b. Treaty of Washington of 7 November 1900 between the United States and Spain: Ceding Cagayan, Sibuto and Sulu.
c. Treaty of 12 January 1930 between the United States and Great Britain: Ceding the Turtle and Mangsee Islands. [Bernas (2003), cited in Justice Velasco’s concurring opinion in Magallona v. Ermita, G.R. No. 187167 (2011)].

Question 5

What is the Straight Baseline Method?

Answer 5

consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast, in order to delineate the internal waters from the territorial waters of an archipelago [NOTE: This is the method prescribed under the UNCLOS].

Question 6

What is RA No 9522:Amended R.A. No. 3046?

Answer 6

“An Act to Define the Baselines of the Territorial Sea of the Philippines;”

R.A. No. 9522 is not unconstitutional:
(1) it is a statutory tool to demarcate the maritime zone and continental shelf of the Philippines under UNCLOS III, and does not alter the national territory.

(2) While UNCLOS III does not bind the Philippines to pass a baselines law, Congress may do so.
(3) The law also does not abandon the country’s claim to Sabah, as it does not expressly repeal the entirety of R.A. No. 5446 [Magallona v. Ermita,supra]

Question 7

Define the Rule of State Immunity

Answer 7

General Rule: The State cannot be sued.

Question 8

What is the exception to the State Immunity Rule?

Answer 8

When the State consents to be sued.

Question 9

How does the State give to express consent to be sued?

Answer 9

a. Express consent
1. General law; or
2. Special law

Question 10

How does the State give implied consent to be sued?

Answer 10

Implied consent

1. the State commences litigation, it becomes vulnerable to a counterclaim;
2. State enters into a business contract (it is exercising proprietary functions);
3. When it would be inequitable for the State to invoke immunity;
4. In eminent domain cases.

Question 11

Definition of a State

Answer 11

A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control,

and possessing a government to which a great body of the inhabitants render habitual obedience;

a politically organized sovereign community independent of outside control bound by ties of nationhood,

legally supreme within its territory, acting through a government functioning under a regime of law [Collector of Internal Revenue v. Campos Rueda, G.R. No. 13250 (1971)].

Question 12

Qualifications that the state as a person of international law should posses?

Answer 12

(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with the other states

[Art. 1, Montevideo Convention].

Question 13

What are the bases (constitutional, international law, jurisprudential) for the rule of state immunity?

Answer 13

Constitutional

Sec. 3, Art. XVI. The State may not be sued without its consent.

International Law

“Par in parem non habet imperium.”

Par in parem non habet imperium(Latinfor “equals have no sovereignty over each other”) is a general principle ofinternational law, forming the basis ofstate immunity.Because of this principle, a sovereign state cannot exercise jurisdiction over another sovereign state.

Jurisprudential

a. Positivist Theory – There can be no legal right as against the authority that makes the laws on which the right depends. Also called the doctrine of Royal Prerogative of Dishonesty. [Department of Agriculture v. NLRC, G.R. No. 104269 (1993)]
b. Sociological Theory – If the State is amenable to suits, all its time would be spent defending itself from suits and this would prevent it from performing its other functions [Republic v. Villasor, G.R. No. L-30671 (1973)].

Question 14

When is a suit deemed to be against the state?

Answer 14

A suit is against the State regardless of who is named the defendant if:

a. It produces adverse consequences to the public treasury in terms of disbursement of public funds and loss of government property.
b. It cannot prosper unless the State has given its consent.

Question 15

When is a suit not against the state?

Answer 15

It was held that the suit is not against the State:

1. When the purpose of the suit is to compel an officer charged with the duty of making payments pursuant to an appropriation made by law in favor of the plaintiff to make such payment, since the suit is intended to compel performance of a ministerial duty [Begosa v. Philippine Veterans Association, G.R. No. L-25916(1970)].
2. When, from the allegations in the complaint, it is clear that the respondent is a public officer sued in a private capacity;
3. When the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular.

Question 16

How is express consent to suit against the state given?

Answer 16

Only by the will of the legislature, through the medium of a duly enacted statute; may be embodied either in a general law or a special law.

Question 17

Laws granting express consent to sue the state

Answer 17

1. Money claims arising from contract express or implied

Act no. 3083: An act Defining the Conditions under which the Government of the philippines may be sued

2. Torts

a. liability of local government units - art 2189 CC
b. vicarious liability for special agents - art 2180 CC
c. liability under the local government code - sec 24 LGC

3. Special Law - may come in the form of a private bill authorizing a named individual to bring suit on a special claim

Question 18

When implied consent to suit against the state is present

Answer 18

a. In instances when the State takes private property for public use or purpose (eminent domain)
b. When the State enters into a business contract (in jure gestionis or proprietary functions)
c. When it would be inequitable for the State to invoke its immunity.
d. If the government files a complaint, defendant may file a counterclaim against it. When the state files a complaint, suability will result only where the government is claiming affirmative relief from the defendant.

Question 19

Suits against Government Agencies depends on whether the agency is _______________ or _______________.

Answer 19

incorporated (there is a separate charter); unincorporated (no separate personality)

Question 20

Can an unicorporated government agency who engages in principally propriety function be sued without consent?

Answer 20

Yes.

Suit will lie, because when the state engages in principally proprietary functions, it descends to the level of a private individual, and may, therefore be vulnerable to suit. [Civil Aeronautics Administration v. Court of Appeals, G.R. No. L51806 (1988)]. State may only be liable for proprietary acts (jure gestionis) and not for sovereign acts (jure imperii).

Question 21

Whether suit will lie towards an incorporated government agency depends on its ______________.

Answer 21

Charter.

If the charter provides that the agency can sue, then the suit will lie.The provision in the charter constitutes express consent. [See SSS v. Court of Appeals, 120 SCRA 707 (1983)]

Question 22

What is the general rule towards suits against public officers?

Answer 22

The doctrine of state immunity also applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority.

Question 23

What are the exception to the general rule re suits against public officers?

Answer 23

The doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his

(1) private and personal capacity as an ordinary citizen, for
(2) acts without authority or in excess of the powers vested in him

[Lansang v. CA, G.R. No. 102667 (2000)].

Question 24

Exceptions to Prior Consent Rule (enum)

Answer 24

Case law provides that the following are wellrecognized exceptions when the state/public officer MAY be sued without prior consent:

1. To compel him to do an act required by law;
2. To restrain him from enforcing an act claimed to be unconstitutional;
3. To compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fund already available for the purpose;
4. To secure a judgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist him;
5. Where the government itself has violated its own laws [Sanders v. Veridiano II, G.R. No. L-46930 (1988)].

Question 25

Is consent to be sued a concession of liability?

Answer 25

NO.

The circumstance that a state is suable does not necessarily mean that it is liable, but it can never be held liable if it does not first consent to besued . When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove that it is liable. [United States of America v. Guinto, 182 SCRA 644 (1990)]

Question 26

What is the general rule re whether the state can be estopped by the actions of its officials or agents?

Answer 26

General Rule:
The State cannot be estopped by the omission, mistake or error of its officials or agents [Republic v. Galeno, G.R. No. 215009 (2017)].

Question 27

What is the exception to the general rule of estoppel re government?

Answer 27

When the application of the rule will cause injustice against an innocent party

Question 28

Fill in the blanks (FIB)

The Philippines is a _________ and ________ State. Sovereignty resides in the ______ and all government authority emanates from them.

Answer 28

democratic; republican; people

Question 29

FIB

The Philippines renounces ____ as an instrument of national policy, adopts the ________________ as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations

Answer 29

war; generally accepted principles of international law

Question 30

FIB

Under the 1987 Consti, international law can become part of the sphere of domestic law either by ________ or ____________.

Answer 30

transformation; incorporation

Question 31

This mode of making international become part of the domestic law requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation.

Answer 31

Transformation

Question 32

This mode of making international law become part of the domestic law occurs when by mere constitutional declaration, international law is deemed to have the force and effect of domestic law.

Answer 32

Incorporation

Question 33

What is the difference bet. transformation and incorporation (re making international law part of domestic law)

Answer 33

Transformation: This requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation.

Incorporation: This occurs when, by mere constitutional declaration, international law is deemed to have the force of domestic law

Question 34

What is the incorporation clause of the Constitution? What are its effects?

Answer 34

“adopts the generally accepted principles of international law as part of the law of the land”

Generally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty obligations.

Question 35

Examples of “generally accepted principles of international law”

Answer 35

1. Renunciation of war as an instrument of national policy;
2. The principle of sovereign immunity;
3. A person’s right to life, liberty and due process;
4. Pacta sunt servanda (international agreements must be performed in good faith)

Question 36

FIB
______ is, at all times, supreme over the military. The ___________ is the protector of the people and the State. Its goal is to secure the __________ and the integreity of the ________/

Answer 36

Civilian authority; Armed Forces; sovereignty of the State; nationanl territory

Question 37

What is the role of the Armed Forces?

Answer 37

1. Protector of the people and the State

2. Secure the sovereignty of the State and the integrity of the national territory

Question 38

Enumerate the Principles Declared in the Constitution (ART II)

Answer 38

a. The Philippines is a democratic and republican State
b. Renunciation of War
c. Adoption of generally-accepted principles of international law
d. Adherence to a policy of peace, freedom, and amity with all nations
e. civilian supremacy
f. role of the armed forces
g. compulsory military and civil service
h. maintenance of peace and order, promotion of general welfare
i. recognition of hierarchy of rights
j. separation of church and state

Question 39

What are the policies declared in the Constitution (Art II)?

Answer 39

a. Independent foreign policy
b. freedom from nuclear weapons
c. promote a just and dynamic social order
d. promote social justice in all phases of national development
e. personal dignity and human rights
f. family as basic social institution and natural and primary right and duty of parnts in the rearing of the youth
g. protection of the life of the mother and the life of the unborn from conception
h. vital role of youth in nation building
i. role of women in nation building
j. fundamental equality befor the law of women and men
k. right to health
l. right to a balance and healthful ecology
m. Priority to education, science and technology, arts, culture, and sports
n. Labor as a primary social economic force
o. Self-reliant and independent national economy
p. Comprehensive rural development and agrarian reform
q. Recognition and promotion of rights of indigenous cultural communities
r. Community-based, sectoral organizations
s. Role of communication and information in nation-building
t. Autonomy of local governments
u. Equal access for public service and prohibition of political dynasties
v. Honesty and integrity in public service
w. Policy of full public disclosure

Question 40

It is a statutory provision (which may take the form of a congressional oversight committee) that requires the President or an agency to submit the proposed implementing rules and regulations of a law to Congress for approval, is unconstitutional.

Answer 40

Legislative Veto

Question 41

For a post-enactment congressional measure to be valid, it must be limited to:
(enum)

Answer 41

1. Scrutiny

2. Investigating and monitoring of implementation of laws

Question 42

What is the general rule re the delegation of legislative powers

Answer 42

General Rule: Rule of Non-Delegation of Legislative Power

Only Congress (as a body) may exercise legislative power

Question 43

What are the exceptions to the Rule of Non-Delegation of Legislative Power?

Answer 43

a. delegated legislative power to local governance
b. constitutionally-grafted exceptions (emergency powers; taxing powers)
c. the extent reserved to the people by the provision on initiative and referedum

Question 44

“rule-making” power is limited to:

Answer 44

a. filing up the details of the law

b. ascertaining facts to bring the law into actual operation

Question 45

Exceptions to the Rule of Non-Delegation of Legislative Power (simplified form)

Answer 45

a. Delegated power to local governments
b. Delegated emergency powers of the president
c. Delegated taxing powers of the president
d. Subordinate legislation of administrative agencies
e. Power reserved to people for initiative and referendum

Question 46

What are the tests for valid delegation of legislative power?

Answer 46

a. completeness test

b. sufficient standard test

Question 47

What is the completeness test?

Answer 47

The law sets forth the policy to be executed, carried out, or implemented by the delegate (Abakada, supra), such that there is nothing left for the delegate to do but to enforce the law [Pelaez v. Auditor General, G.R. No. L-23825(1965)];

Question 48

What is the Sufficient Standard Test?

Answer 48

The standard is sufficient if it defines legislative policy, marks its limits, maps out its boundaries and specifies thepublic agency to apply it. It indicates the circumstances under which the legislative command is to be effected [Edu v. Ericta, G.R. No. L-32096 (1970)].

Question 49

_________________ is defined as the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms throughout the Philippines, including the various arms through which political authority is made effective in the Philippines.

Answer 49

Government of the Philippines

Question 50

_____________ is that institution or aggregate of institutions by which and independent society makes and carries out those rules of action which are necessary to enable men to live in a social sate of which are imposed upon the people forming theat society by those who posses the power or authority of prescribing them.

Answer 50

Government

Question 51

What are the forms of Government as to the existence or absence of control?

Answer 51

a. de jure

b. de facto

Question 52

What is the difference bet. a de jure and a de facto government?

Answer 52

De Jure - has rightful title but has no power or control, either because this has been withdrawn from it, or because it has not yet actually entered into the excercise thereof

De Facto - Government of fact, it actually exercise power or control without legal title

Question 53

Kinds of De Facto Government

Answer 53

1. De Facto Proper
2. Independent Government
3. Established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force.

Question 54

Was the C. Aquino government a de facto government?

Answer 54

NO.

the people have made the judgment; they have accepted the government of President Corazon C. Aquino which is in effective control of the entire country so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government [In re Bermudez, G.R. No. 76180(1986),citing Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748(1986)].

Question 55

What are the forms of government as to concentration of powers?

Answer 55

Presidential

Parliamentary

Question 56

What is the difference bet the Presidential and Parliamentary form of government?

Answer 56

Presidential – There is a separation of executive and legislative branches of government.

Parliamentary – There is a fusion of executive and legislative powers in the Parliament, although the actual exercise of the executive powers is vested in the Prime Minister

Question 57

What are the forms of government as to centralization?

Answer 57

Unitary

Federal

Question 58

What is the difference bet the unitary and fedaral forms of government?

Answer 58

Unitary – One in which the control of the national and local affairs is exercised by the national and local government

Federal – One in which the powers of the government are divided between two sets of organs, one for national affairs and one for local affairs