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QUIZ II REVIEWER
CHAPTER
IMMUNITY
DOCTRINE
STATE
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CLASSICAL/ABSOLUTE THEORY a
sovereign cannot, without its consent,
be made a respondent in the courts of
another sovereign
APPLICATION:
Actions
are
rarely
instituted directly against the Republic of the
Philippines, presumably because such a step
will provoke resort to the doctrine of State
Immunity and possible dismissal of the
complaint for lack of jurisdiction.
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WAIVER OF IMMUNITY
*the doctrine of State Immunity is sometime
called the royal prerogative of dishonesty
QUALIFICATION: the State may, if it so
desires, divest itself of its sovereign
immunity and thereby voluntarily open itself
to suit. In fine, the State may be sued if it
gives its consent.
FORMS OF CONSENT
1. EXPRESS CONSENT may be
manifested either through a general
law or a special law
-
a. General law
i. Act
No
3083
the
Government of the Philippine
Islands hereby consents and
submits to be sued upon any
moneyed
claim
involving
liability arising from contract,
express or implied, which
could serve as a basis of civil
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action
parties
between
private
b. Special Law
i. A special law enacted by
the Philippine Legislature
authorizing an individual
to sue the Philippine
Government for injuries
he had sustained when
his motorcycle collided
with
a
government
ambulance
2. IMPLIED CONSENT given when the
State itself commences litigation or
when it enters into a contract
-
When
the
government
enters into a contracts, for
the State is then deemed to
have divested itself of the
mantle
of
sovereign
immunity and descended to
the level of the ordinary
individual. Having done so, it
becomes subject to judicial
action and process.
it has no charter
any suit filed against it is
necessarily an action against the
Philippine Government of which it
is a part
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EXEMPETION
REQUIREMENTS
FROM
LEGAL
CHAPTER 5
FUNDAMENTAL PRINCIPLES AND STATE
POLICIES
ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES
Sec.
4.
and
the
the
the
PURPOSE:
TO
EMPHASIZE
AND
ARTICULATE MORE UNEQUIVOCALLY THE
OBJECTIVES
AND
LIMITATIONS
OF
GOVERNMENTAL ACTION IN PURSUIT OF
THE GENERAL GOALS ANNOUNCED IN
THE PREAMBLE.
PREAMBLE
We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a
just and humane society and establish a
Government that shall embody our ideals
and aspirations, promote common good,
conserve and develop our patrimony, and
secure to ourselves and our posterity the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality and peace,
do ordain and promulgate this Constitution.
OF
REPUBLICAN
2. A
representative
government,
a
government run by and for the people.
It is not a pure democracy where the
people govern themselves directly.
4. The
purpose
of
a
republican
government is the promotion of the
common welfare according to the
will of the people. This WILL is
usually determined by the rule of the
majority, the greater number of the
people.
(Express
through
the
enactment of laws by the law making
body.)
OF
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(SECTION V) (p&o,
TRANSFORMATION METHOD
an international law be
transformed into a domestic
law through a constitutional
mechanism such as local
legislation
INCORPORATION METHOD
by
mere
constitutional
declaration, international law is
deemed to have the force of
domestic law.
KURUDA V. JALANDONI
Facts: Petitioner challenged the jurisdiction
of the military commission trying him,
contending that the Philippines was not
covered by the HAGUE CONVENTION under
which he was being prosecuted, since the
Philippines was not a signatory to this
agreement.
Held: We are bound by that convention
because it embodied generally accepted
principles of international law binding upon
all States.
TREATY VS EXECUTIVE AGREEMENTS
Treaty a treaty has greater dignity than an
executive agreement because its
constitutional efficacy is beyond
doubt, a treaty having behind it the
authority of the President, the Senate,
and the people
- A ratified treaty, unlike an executive
agreement, takes precedence over
any prior statutory enactment
STATE POLICIES
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SUPREMACY
(SECTION 3)
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OF
CIVILIAN
AUTHORITY
personnel
from
testifying
in
legislative inquires; to confirm,
mitigate and remit sentences of
erring military personnel
LOCAL AUTONOMY (SECTION 25, 1973
CHARTER)
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CHAPTER VI
SEPARATION OF POWERS
The cardinal postulate explains that the
three branches must discharge their
respective functions within the limits of
authority conferred by the Constitution.
Under the principle of separation of powers,
neither Congress, the President, nor the
Judiciary may encroach on fields allocated to
the other branches of government.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be
vested in the Congress of the Philippines
which shall consist of a Senate and a House
of Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.
ARTICLE VII
EXECUTIVE DEPARTMENT
There
are
instances
under
the
Constitution when powers are not
confined
exclusively
within
one
department but are in fact assigned to
or shared by several departments. As a
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final arbiter
Electoral
Commission
JUSTICE MAKASIAR :
CHAPTER 7
A purely justiciable question implies a given
right, legally demandable and enforceable,
and act or omission violative of such right,
and a remedy granted and sanctioned by
law, for breach of such right.
-includes the duty.., to determine whether or
not there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government
POLITICAL QUESTION:
The term political question connotes what it
means in ordinary parlance, namely, a
question of policy. It refers to those
questions which, under the Constitution, are
to be decided by the people in their
sovereign capacity; or in regard to which full
discretionary authority has been delegated
to the legislative or executive branch of the
government. It is concerned with issues
dependent upon the wisdom, not the
legality, of a particular measure.
Political questions are neatly associated with
the wisdom, not the legality of a particular
act. Where the vortex of the controversy
refers to the legality or validity of the
contested act, that matter is definitely
justiciable or non-political.
GRAVE ABUSE
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Excess of jurisdiction
Lack of jurisdiction
Attended by bad faith
DELEGATION OF POWERS
COROLLARY TO THE DOCTRINE of separation
of powers is the principle of non-delegation
of powers.
The rule is postestas delegate non delegari
potest what has been delegated cannot be
delegated. It is based upon the ethical
principle
that
such
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 minds of another. A
further delegation of such power, unless
permitted by the sovereign power, would
constitute a negation of this duty in violation
of the trust reposed in the delegate
mandated to discharge it directly.
Except: LEGISLATVE- the delegation of
legislative power has become the rule and its
non-delegation the exception.
WHY?
- The reason is the increasing complexity
of the task of government and the
growing inability of the legislature to
cope directly with the many problems
demanding its attention. The growth of
society has ramified its activities and
created peculiar and sophisticated
problems that the legislature cannot be
expected reasonably to comprehend.
- Specialization even in legislation has
become necessary.
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PERMISSIBLE DELEGATION
1. Delegation of tariff powers to the
president
2. Delegation of emergency powers to
the president
3. Delegation to the people at large
4. Delegation to the local government
5. Delegation to administrative bodies
Why are there limitations? TO PREVENT
TOTAL ABDICATION OF LEGISLATIVE
AUTHORITY
(1)TARIFF POWER
Sec. 28 (2). The Congress may by
law authorize the President to fix
within specified limits, and subject to
such limitations and restrictions as it
may impose, tariff rates, import and
export quotas, tonnage and wharfage
dues, and other duties and imposts,
within the framework of the national
development
program
of
the
Government.
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RA 6735
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