B. General Considerations 1. National Territory1 a.

Archipelagic Doctrine It is defined as 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.2 It emphasizes the unity of the land and waters by defining an archipelago as group of isl ands surrounded by waters or a body of waters studded with islands. 2. State Immunity3 The general rule is that a state may not be sued without its consent. While the doctrine appears to prohibit only suits against the state without its consent, it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. The rule is that if the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same, such as the appropriation of the amount needed to pay the damages awarded against them, the suit must be regarded as against the state itself, although it has not been formally impleaded. It is a different matter where the public official is made to account in his capacity as such for acts contrary to law and injurious to the rights of plaintiff. Inasmuch as the State authorizes only legal acts by its officers, unauthorized acts of govt. officials or officers are not acts of the State, and an action against the officials or officers by one whose rights have been invaded or violated by such acts, for the protection of his rights, is not a suit against the State within the rule of immunity of the State from suit. The doctrine of state immunity cannot be used as an instrument for perpetrating an injustice. The cloak of immunity is removed from the moment the public official is sued in his individual capacity such as where he acts without authority or in excess of the powers vested in him. A public official may be liable in his personal capacity for whatever damage he may have caused by his act done with malice and in bad faith, or beyond the scope of his authority or jurisdiction. In this case, the officers are liable for damages. 3. Principles and Policies Principles The Philippines is a democratic and republican State . Sovereignty resides in the people and all government authority emanates from them.

1 2

Art. I Art. I, Sec.1, 2nd sen. 3 The doctrine is also available to foreign States insofar as they are sought to be sued in the courts of the local State. The added basis in this case is the principle of the sovereign equality of States, under w/c one State cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium. To do so would "unduly vex the peace of nations." (Cruz.) The consent to be sued, in order to be effective, must come from the State, acting through a duly enacted statute. Waiver of state immunity can only be made by an act of legislative body.

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. 4. Separation of Powers Legislative power is given to the Legislature whose members hold office for a fixed term; executive power is given to a separate Executive who holds office for a fixed term; and judicial power is held by an independent Judiciary. The principle of separation of powers is based on the conception that if the totality of governmental powers were concentrated in one person or group of persons, the possibility of establishing a despotic and tyrannical regime capable of suppressing and suffocating the rights of the people becomes a tempting reality. 5. Checks and Balances This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments, e.g. veto power of the President as check on improvident legislation. 6. Delegation of Powers General Rule: Potestas delegata non potest delegare - premised on the ethical principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Exceptions: 1. Tariff powers of the President 2. Emergency powers of President 3. Delegation to the people; 4. Delegation to Local Government units; and 5. Delegation to administrative bodies . 7. Forms of Government

Presidential

One in which the state, the sovereign, makes the

executive independent of the legislature, both in tenure and prerogative, and furnishes him with sufficient power to prevent the legislature from trenching upon the sphere marked independence and prerogative.4 out by the State as executive

Parliamentary

One in which the state confers upon the legislature the complete control of the administration of laws. Under this system, the Cabinet or Ministry is immediately and legally responsible to the legislature or one branch thereof, usually the more popular chamber, and mediately or politically responsible to the electorate, while the titular or nominal executive the King or Chief of State- occupies a position of irresponsibility.5

Bill of Rights6 1. Fundamental Powers of the State a. Concept and Application

4

The principal identifying feature of a presidential form of government is embodied in the separation of powers doctrine. Each department of government exercises powers granted to it by the Constitution and may not control, interfere with or encroach upon the acts done within the constitutional competence of the others. However, the Constitution also gives each department certain powers by which it may definitely restrain the others from improvident action, thereby maintaining a system of checks and balances among them, thus, preserving the will of the sovereign expressed in the Constitution. 5 The essential characteristic of a parliamentary form of government is the fusion of the legislative and executive branches in parliament; the prime minister, who is the head of government, and the members of the cabinet, who are chosen from among the members of parliament and as such are accountable to the latter. Another feature is that the prime minister may be removed from office by a vote of loss of confidence by the parliament. There may be a head of state who may or may not be elected and who usually merely exercises ceremonial functions. 6 Set of prescriptions setting forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights.

Police Power

The power of promoting public welfare by restraining and regulating the use of liberty and property.

Power of Eminent Domain This is also known as the power of expropriation, it is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method in the nature of a compulsory sale to the state.

Power of Taxation

Taxes are enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty, for the support of government and for all public needs. Taxation is the method by which these contributions are exacted.

b. Requisites7 for Valid Exercise

Police Power8

1.

Lawful Subject the interests of the public in

7 8

or limitations When exercised by a delegate: 1. express grant by law; 2. within territorial limits for LGUs except when exercised to protect water supply; and 3. must not be contrary to law.

general, as distinguished from those of a particular class, require the exercise of the power;

2. Lawful Means the means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals;

Power of Imminent Domain1. Necessity when exercised by:

Congress political question; Delegate justiciable question 2. Private property all private property capable of ownership may be expropriated, except money and choses in action; may include services9

3. Taking - when:

a. owner actually deprived or dispossessed of his property;

b. there is practical destruction or a material impairment of value of property;

c. owner is deprived of ordinary use of his property;

9

Republic v. PLDT, 26 SCRA 620

and

d. owner is deprived of jurisdiction, supervision and control of his property.10

4. Public use - has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit; that only a few would actually benefit from the expropriation of the property foes not necessarily diminish the essence and character of public use.11

5. Just compensation - compensation is qualified by the word just to convey that equivalent must be real, substantial, full and fair; the value of the property must be determined either as of the date of the taking of the property or the filing of the complaint, whichever came first.12

10

Requisites: i. expropriator must enter a private property; ii. entry must be more than a momentary period; iii. entry must be under a warrant or color of authority; iv. property must be devoted to public use or otherwise informally appropriated or injuriously affected; v. utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property (Republic v. Castelvi, 58 SCRA 336). 11 Manosca v. Court of Appeals, 252 SCRA 412 Once expropriated change of public use is of no moment. It is well within the rights of the condemnor as owner to alter and decide its use so long as it still for public use. (Republic vs. C.A., G.R. No. 146587, July 2, 2002) 12 Formula: -- fair market value of the property, to which must be added the consequential damages, minus the consequential benefits, but in no case will the consequential benefits exceed the consequential damages Fair market value the price that maybe agreed upon by parties who are willing but are not compelled to enter into a contract of sale. Consequential damages consist of injuries directly caused on the residue of the private property taken by reason of expropriation

6. Due process of law the defendant must be given an opportunity to be heard.

Power of Taxation

Inherent limitations:

a. Public purpose; b. Non-delegability of power; c. Territoriality or situs of taxation; d. Exemption of government from taxation; e. International comity. Constitutional limitations:13

a. Due process of law; b. Equal protection of law; c. Uniformity, equitability, and progressivity of taxation; d. Non-impairment of contracts; e. Non-imprisonment for non-payment of poll tax; f. Origin of appropriation, revenue, and tariff bills; g. Non-infringement of religious freedom;
13

Any question regarding the constitutionality of a tax measure must be resolved in favor of its validity. Any doubt regarding the taxability of any person under a valid law must be resolved in favor of that person and against the taxing power. Any doubt as to the applicability of a tax exemption granted to a person must be resolved against the exemption.

h. Delegation of legislative authority to the President to fix tariff rates, import and export quotas, tonnage and wharfage dues;

i.

Tax exemption of properties actually, directly and exclusively used for religious, charitable and educational purposes;

j.

Majority vote of all members of Congress required in case of legislative grant of tax exemptions;

k. Non-impairment of the Supreme Courts jurisdiction in tax cases;

l.

Tax exemption of revenues and assets of, Including grants, endowments, donations, or contributions to educational institutions.

c. Similarities and Differences Similarities 1. Inherent in the State, exercised even without need of express constitutional grant 2. Necessary and indispensable; State cannot be effective without them 3. Methods by which State interferes with private property 4. Presuppose equivalent compensation 5. Exercised/primarily/by/the/Legislature

Differences Basis Police Power Eminent Domain Taxation

Rights regulatedLiberty &property rights Property rights only Property rights only

Exercised by

Government

Government; Private Government Entities

Property taken Usually noxious; and purpose noxious purpose

Wholesome; public purpose

Wholesome: public Purpose

Compensation Intangible, altruistic

Full and fair

Protection given or public improvements

feeling of contributing to Equivalent of the public good the property taken

d. Delegation

Police power14

Congress may validly delegate this power to the President, to administrative bodies and to lawmaking government bodies of local

units. Local government units exercise the power under the general welfare clause15 and under Secs. 391, 447, 458 and 468, R.A. 7160.16

Power of Eminent Domain

Congress may validly delegate this power to the President, administrative bodies, local government units, and even private enterprises services. performing public

Power of Taxation

Congress may validly delegate this power to local government bodies17 and to a limited extent, the President when granted delegated tariff powers18

14 15

inherently vested in the Legislature Sec. 16, R.A. 7160, see Reference 16 See Reference 17 Sec. 5, Art. X 18 Sec. 28 (2), Art. VI