Beruflich Dokumente
Kultur Dokumente
Archipelago Doctrine
Doctrine of Constitutional Supremacy
Doctrine of Judicial Supremacy
Doctrine of Ripeness for Judicial Review
Doctrine of Parens Patriae
Doctrine of Proper Submission
Doctrine of Separation of Powers
Doctrine of Separation of Church and State
Doctrine of State Continuity
Act of State Doctrine
Doctrine of State Immunity
Doctrine of Restrictive Sovereign Immunity
Doctrine of Executive Immunity
Doctrine of Sovereign Equality of States
Political Question Doctrine
Doctrine of Inappropriate Provision
Doctrine of Augmentation
Stewardship Doctrine
Doctrine of Fair Comment
Enrolled Bill Doctrine
Regalian Doctrine
Miranda Doctrine
Symbiotic Relation Doctrine
Doctrine of Indelible Allegiance
Doctrine of Implied Election
Doctrine of Fruit of Poisonous Tree
Plain View Doctrine
Doctrine of Supervening Event
Overbreadth Doctrine
Doctrine of Incorporation
Doctrine of Transformation
Doctrine of Qualified Immunity
Doctrine of Hot Pursuit
Doctrine of Unequal Treaties
Doctrine of Jus Cogens
Doctrine of State Responsibility
Doctrine of Effective Nationality
Pacta Sunt Servanda
Rebus Sic Stantibus
Pacta Tertiis
Doctrine of Immemorial Prescription
Monroe Doctrine
Asiatic Monroe Doctrine
Balance of Power Doctrine
Truman Doctrine
Hinterland Doctrine
Wilson or Tobar Doctrine
Stimson Doctrine
Estrada Doctrine
Thalweg Doctrine
Middle of the Bridge Doctrine
Calvo Doctrine
Drago Doctrine
Ultimate Destination
Doctrine of Infection
Doctrine of Ultimate Consumption
Doctrine of Continuous voyage
Doctrine of Reciprocity
Principle of Auto limitation
ELECTION LAW
Doctrine of Statistical Improbability
ADMINISTRATIVE LAW
Doctrine of Res Judicata in Administrative Law
Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction
Doctrine of Exhaustion of Administrative Remedies
Doctrine of Finality of Administrative Action
Doctrine of Subordinate Legislation
Doctrine of Legislative Approval by Re-Enactment
Brandeis Doctrine of Assimilation of Facts
Doctrine of Qualified Political Agency or Alter Ego Doctrine
Archipelago Doctrine
It emphasizes the unity of land and waters by defining an
archipelago either as a group of islands surrounded by waters or a body of
waters studded with islands. For this purpose, it requires that baselines
be drawn by connecting the appropriate points of the outermost islands to
encircle the islands within the archipelago. The waters on the land ward
side of the baselines regardless of their breadth or dimensions are internal
waters.
Doctrine of Constitutional Supremacy
The Constitution is the basic and paramount law of the land to
which all other laws must conform and to which all persons, including the
highest officials of the land, must defer. No law or act shall be valid if it
conflicts with the Constitution.
Doctrine of Judicial Supremacy
The power of the judiciary to annul the acts of either the legislative
or the executive branches of government, or of both, when not
conformable to the fundamental law. (Assn. of Small Landowners v. Secretary of
Agrarian Reform, 175 SCRA 343)
Doctrine of Augmentation
A prohibition against transfer of appropriations (see sec. 25, Art. VI
Constitution). However, the President; Senate President; Speaker of the
House; Chief Justice; and Heads of Constitutional Commissions may, by
law, be authorized to augment any item in the general appropriations law
for their respective offices from savings in other items of their respective
appropriations. (Garcia, Pre-Week Memory Aid, p.42)
Stewardship Doctrine
Private property is supposed to be held by the individual only as a
trustee for the people who are its real owners.
Doctrine of Fair Comment
Fair commentaries on matters of public interest are privileged and
constitute a valid defense in an action for libel or slander.
It means that while in general, every discreditable imputation
publicly made is deemed false, because every man is presumed innocent
until his guilt is judicially proved, and every false imputation is deemed
malicious, nevertheless, when the discreditable imputation is directed
against a public person in his public capacity, it is not necessarily
actionable unless it be false allegations of fact or comment based on a
false supposition. If the comment is an expression of opinion, based on
facts, then it is immaterial that the opinion happens to be mistaken as long
as it might reasonably be inferred from the facts. (Borjal v. CA, 501 SCRA 1)
Enrolled Bill Doctrine*
The enrolled bill is conclusive upon the courts not only as regards
the provisions thereof but also its due enactment in observance of the
principle of separation of powers.
*ENROLLED BILL, defined: one which has been duly introduced, finally
passed by both houses of Congress, signed by the proper offices of
each, approved by the President and filed by the Secretary of the State.
Regalian Doctrine
In public law, a distinction is made between imperium and
dominium. Imperium is the government authority possessed by the State
expressed in the concept of sovereignty. Dominium is the capacity of the
State to own or acquire property. Dominium, which was the foundation for
the early Spanish decrees embracing the feudal theory of jura regalia that
all lands were held from the Crown, is also the foundation of the first
sentence of section 2. As adopted in a republican system, however, the
medieval concept of jura regalia has been stripped of regalian overtones;
ownership is vested in the State, not in the head of Statebe he
President or Prime Minister. (Bernas Reviewer citing Lee Hong Kok v. David, 48
SCRA 372,377)
Art. XII, sec. 2 of the Constitution states: All lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be
alienated.
Miranda Doctrine
Rights available during custodial investigation or in-custody
interrogation of an accused person, which has been defined as any
questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any
significant way.
The rule begins to operate as soon as the investigation ceases to
be a general inquiry into an unsolved crime and direction is then aimed
upon a particular suspect who has been taken into custody and to whom
the police would then direct interrogatory questions which tend to elicit
incriminating statements.
RIGHTS AVAILABLE under the MIRANDA DOCTRINE:
(1) The right to remain silent
(2) The right to a competent and independent counsel preferably of his own choice at all
stages of the investigation.
(3) The right to be informed of such rights. These rights cannot be waived except in
writing and signed by the person in the presence of his counsel.
(4) No torture, force, violence, threat, intimidation, or any other means which vitiates the
free will shall be used against him.
(5) Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
(6) Any confession or admission obtained in violation of this or section 17 hereof shall be
inadmissible in evidence against him.
(7) The law shall provide for penal and civil sanctions for violations of this section, as well
as compensation to and rehabilitation of victims of torture or similar practices, as well
as their families.
(see sec. 12, Art. III, 1987 Constitution)
Luego Doctrine
The doctrine laid down the rule that appointment is discretionary. It
is a political question involving considerations of wisdom that only the
appointing authority may determine. So that for as long as the appointee
to a given office meets the minimum qualifications prescribed, the Civil
Service Commission, even the Supreme Court itself, is powerless to nullify
the appointment on the ground that somebody else is better qualified.
[Luego v. CSC, 143 SCRA 327 (1986)]
--ADMINISTRATIVE LAW
Doctrine of Res Judicata in Administrative Law
Decisions and orders of administrative agencies, rendered pursuant
to their quasi-judicial authority have, upon their finality, the force and
binding effect of a final judgment within the purview of res judicata. (NAFTU
v. Mainit Lumber Devt. Co. 192 SCRA 598)
Doctrine of Transformation
International law is not per se binding upon the State. Such must
first be embodied in legislation enacted by the law-making body and so
transformed into municipal law. Only when so transformed will the
international law become binding upon the State as part of its municipal
law.
The doctrine of transformation is found in the Philippines through
the Treaty Clause, sec. 21, Art. VII of the Constitution. No treaty or
international agreement shall be valid and effective unless concurred in by
at least 2/3 of all the members of the Senate.
Doctrine of Qualified Immunity
Immunity is granted to foreign states only in respect of their
governmental acts (acts jure imperii), not in respect of their commercial
acts (acts jure gestionis). For acts jure gestionis, a foreign state may be
sued in the national court of another state. The Philippines adheres to the
doctrine of qualified immunity, both as a principle of international law
incorporated as Philippine law, and as an adjunct of the principle of state
immunity from suit.
Doctrine of Hot Pursuit
Under this doctrine if an offense is committed by a foreign merchant
vessel within the territorial waters of the coastal State or if the coastal
State has good reasons to believe that such an offense had been
committed, the said state vessel may pursue the offending vessel and
upon capture bring it back to its territory for punishment.
Doctrine of Unequal Treaties
Treaties which have been imposed (through coercion or duress) by
a State of unequal character is void.
Doctrine of Jus Cogens
States that customary international law has the status of
peremptory norm of international law, accepted and recognized by the
international community of states as a rule from which no derogation is
permitted. Accordingly, a treaty whose provisions contravene such
international norms or rules may be invalidated.
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Truman Doctrine
It was a proposal made by President Truman in a message to
Congress on March 12, 1947, in which he pointed to the need of economic
and military aid by the United States to Greece and Turkey- it was later
broadened to include Europe- because it must be the policy of the United
States to support free people who are resisting attempted subjugation by
armed minorities or by outside pressures. (Aruego, p. 75)
Hinterland Doctrine
A doctrine adopted in the partition of Africa delimiting the territorial
zones contiguous to the initial settlement set up along the coasts, as
spheres of influence based on the coastal settlement .
Wilson or Tobar Doctrine
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Precludes recognition of government established by revolution, civil
war, coup d etat, or other forms of internal violence until the freely
elected representatives of the people have organized a constitutional
government.
Stimson Doctrine
Precludes recognition of any government established as a result of
external aggression
Estrada Doctrine
Diplomatic representatives of a country where political upheaval
has taken place will deal or will not deal with whatever government is in
control therein at time and either action shall not be taken as judgment on
legitimacy of said government.
Thalweg Doctrine
For boundary rivers, in the absence of an agreement between the
riparian states, the boundary line is laid on the middle of the navigable
channel.
Middle of the Bridge Doctrine
Where there is a bridge over a boundary river, the boundary line is
the middle or center of the bridge.
Calvo Doctrine
No state is responsible for losses suffered as a result of
insurrection or civil war.
Drago Doctrine
A public debt cannot give rise to the right of intervention.
Doctrine of Ultimate Destination
Authorizes confiscation of contrabands based on ultimate
destination of goods. Even if the vessel stops at an intermediate port, it
will still be considered as one continuous voyage provided it can be shown
that its cargo will ultimately be delivered to a hostile destination.
Doctrine of Infection
Contrabands that are shipped together with innocent goods
belonging to the same person may be confiscated
Doctrine of Ultimate Consumption
Goods intended for civilian use, which may ultimately find their way
to and be consumed by belligerent forces may be seized on the way.
Doctrine of Continuous Voyage
Goods reloaded at an intermediate port on the same vessel, or
reloaded on another vessel or other forms of transportation may also be
seized on the basis of the doctrine of Ultimate Consumption.
Doctrine of Reciprocity
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If the requesting state is shown to be willing to surrender its own
national for trial by the courts of another country, the detaining state must
also surrender its own citizens for trial.
Principle of AUTO-LIMITATION:
It is to be admitted that any state may, by its consent,
express or implied, submit to a restriction of its sovereign rights.
There may thus be a curtailment of what otherwise is a power
plenary in character. That is the concept of sovereignty as autolimitation, which, in the succinct language of Jellinek, is the
property of a state-force due to which it has the exclusive capacity
of legal self-determination and self-restriction. (Reagan v. CIR, 30
SCRA 973 quoted in Nolledo, p. 46)