Sovereignty supreme and uncontrollable power of the state to govern
itself
Characteristics?
2 Aspects:
Internal (Territoriality) (How manifested) ability of state to
govern its territory
o Implies that power of the State to make and alter its
system of government and to regulate its private
affairs, as well as the rights and relations of its
citizens, without any dictation, interference or
control on the part of any person or body or State
outside the particular political community.
External: Freedom from external control (exclusion of
external actors for domestic authority structures)
o That the State spoken of is not subject to the control,
dictation, or government of any other power. It
necessarily implies the right and power to receive
recognition as an independent power from other
powers, and to make treaties with them on equal
terms, make war or peace with them, send
diplomatic agents to them, acquire territory by
conquest or occupation, and otherwise to manifest
its freedom and autonomy.
o The establishment of sovereign and independent
state, the free association or integration with an
independent state or the emergence into any other
political status freely determined by the people.
o Theoretically, you have the final say
Three key principles to sovereignty: Modern concept/view on
sovereignty
A. Teaty of Westphalia (Westphalian Concept of Sovereignty):
1. The principle of the sovereignty of state and the fundamental
right of political self-determination
2. The principle of legal equality between states
3. The principle of non-intervention of the one state in the
internal affairs of another state.
B. Doctrine of Auto Limitation
Any state may, by its consent, express or implied, submit to a
restriction of its sovereign rights. It may, if it chooses to refrain
form the exercise of what otherwise is illimitable competence.
(Raegan vs Commision of Internal Revenue)
Further, you can limit what you have (states discretion)
MODERN VIEW
In Entering into Treaties, do you give up sovereignty?
In a case TANADA VS ANGARA, Supreme Court held that by the
inherent nature, treaties really limit or restrict the exercise of
sovereignty. By their voluntary act, nations may surrender
some aspects of their state power in exchange for greater
benefits granted by or derived form a convention or pact. After
all, states, like individuals, live with coequals, and in pursuit of
mutually covenanted objectives and benefits, they also
commonly agree to limit the exercise of their otherwise
absolute right.
Therefore entering into Treaties, we do not give up our
sovereignty because sovereignty is indivisible, inalienable and
absolute. Sovereignty is different from Exercise of sovereignty.
Related Concept : Doctrine of Non-Suability of State
1. Constitutional
-Sec 3 Art. 16 of the 1987 Constitution
The State may not be sued without its consent.
A state has the inherent right to exist and to protect itself and
its citizens from any act or acts which will defeat the greater interest of
the people which it is obligated to serve.
2. Philosophical
-A sovereign is exempt from suit, not because of any formal
conception or obsolete theory, but on the logical and practical ground
that there can be no legal right as against the authority that makes the
law on which the right
depends. (Republic vs Villasor)
3. Sociological/Practical
-the loss of time and energy required to defend against law
suits, in the absence of such a basic principle that constitutes such an
effective obstacle, could very well be imagined." (Republic vs Villasor)
Isnt it unjust for state cannot be sued without its consent?
go back to its philosophical and sociological basis (GO BACK
TO THE BASIS)
State may not be sued without its consent.
A. When is a suit a suit against the state?
1. Suing the state by its name (it is just an indicator)
Ex. Largo vs Republic
o Not necessarily a suit against a state
o prema face suit against the state but need to be pass
the ff. test:
TEST
o Whether State will be asked to do an affirmative act (TO
RELEASE FUNDS OR PROPERTY) you must show that in
suing the State in its name, you will compel the state to do a
positive act.
o State is performing governmental function (IT MUST BE IN
PERFORMANCE OF ITS SOVEREIGN FUNCTION)
-once it engage in commercial transaction, it divulged itself to
the level of private individual.
*Why is it a suit against the state? Because I am compelling the state to do
a positive act to give back the money/ property they illegally took.
*What can happen if it is a suit against the state and there is no consent?
- the case will not prosper, unless there is consent
2. If the state enters into a Proprietary/ Commercial/ Business
Transaction
o If the state enters into a commercial transaction, it
wouldnt be a suit against the state because the state in
such a case is reduced to the level of an individual if it
enters into a proprietary business transaction. (case)
B. Suit against Government Agency
First, you must know what kind of agency:
Kinds of Agency:
1. Unincorporated It has no charter of its own. They are part
of the whole governmental machinery. It has no personality
separate and distinct form that of the State
-THIS IS A SUIT AGAINST THE STATE, since it has no
personality of its own, it will redound to go back the State to
do affirmative acts to satisfy its judgment.
2. Incorporated It has charter. It has juridical personality of its
own separate and district from the state.
governmental or non-governmental function (NOT A
SUIT AGAINST THE STATE) because it has
personality of its own.
Second, you must determine the function performed:
Proprietary not suit against the state
Governmental suit against the state
*So what if it has personality of its own? Because it has personality
separate and distinct from the state, a case against it is a case against it.
C. Suit against government official (Lansang vs CA)
The complaint must have the allegations:
1. The official is performing his official capacity
a. You sue him because he was performing a function
in his official capacity
2. The official acted WITHOUT bad faith, malice, negligence,
corruption
3. The official acted NOT in his personal capacity
When can the case filed against the government official will ultimately
devolve into the State? (GO BACK TO THE TEST)
II. If suit is suit against State = Consent
HOW TO CAN WE SHOW THAT THE STATE HAS CONSENTED?
1. Expressed can only come in one form and that is in one form
and that is in the form of a LAW not even in the proclamation
of the president or the highest official in the civilian
a. General Law anyone who comes to the provision
can avail of it
 i. -money claim, File to Commission on
Audit, if not acted within 60 day, you can
file case to the Supreme Court.
ii. RA2180 state shall be liable if it acts with
a special agent or an employee of a govt
who perform a function outside your
official duty through a special
designation. By your acts or omission, the
state shall be liable. You can sue because
state consent.
b. Special Law (Meritt vs GPI)
i. Injured by an act of a government
employee but there is no general consent
because he is not special agent you can
resort to legislative body making a law
consenting you to file a case against the
State
2. Implied waiving their rights
If state initiates a complain or a suit against you,
then you may also counter sue.
If it gets private property w/o just compensation.
Only the court fix just compensation. When the state
expropriates it opens itself to the possibility of suit
against it.
If state commits manifest injustice.
Entering into a business/commercial contract for
proprietary function.
III. Liability Suability does not amount to Liability
The mere fact that the state allows you to sue doesnt mean
that it is already liable.
It does not concede to liability.
When the state give its consent to be sued by private parties,
either by general or special law, it may limit claimants action
only up to the completion proceedings anterior to the state of
execution and the power of Courts ends when judgment is
rendered. In other words, judgment is one thing and
disbursement of public funds to satisfy the said judgment is
another. The first is well within the scope of the power and
authority of the court. The second depends on whether or not
there is corresponding appropriation, as required by law, to
satisfy the judgment of the court.
What is the procedure to prosecute the claim of government?
Under CA No. 327, as amended by PD No. 1445, a claim against the
government must first be filed with the Commission on Audit, which
must act upon it within sixty days. If the claim is rejected the claimant is
authorized to elevate the matter to the Supreme Court on certiorari and
in effect sue the State with its consent.
If case is won with money claim There must be a separate
appropriation to get the money claim or purpose.
What if Congress will not make the appropriation law?
The claimant may file a petition for mandamus to compel the enactment
and approval of the necessary appropriation ordinance and the
corresponding disbursement of funds. (Case)
Steps to get the liability of the State:
1. File with the Commission on Audit to determine if the complaint is
tenable which must act upon it.
2. If rejected, the claimant is authorized to elevate the matter to the
Supreme Court on Certiorari.
3. In effect, the claimant can sue the State with its consent.
4. If the claimant won the case, when final judgment of the Supreme Court
rendered, he will return to Commission on Audit.
5. Commission on Audit will submit a letter to the President in which the
latter will may recommend to the Congress to make an appropriation bill
in the claimants favor.
6. If the Congress doesnt make a bill, the claimant may file a petition for
mandamus to compel the former to make a bill for his claims.
GOVERNMENT Is the agency of the state through which the will of the
state is formulated, expressed and carried out
Government is that institution or aggregate of institutions by
which an independent society makes and carries out those rules of action
which are necessary to enable men to live in a social state or which are
imposed upon the people forming that society by those who possess the
power or authority of prescribing them. Government is the aggregate of
authorities which rule a society. (US vs Dorr)
Administration means the aggregate of those persons in whose hands
the reins of the govt are for the time being.
agency agent Government carries out the will of the
state to the government
principal who gives the order to be executed by the agent
State > GOVERNMENT
o to do that which is beneficial
o State can do no wrong.
o If acts are not beneficial state can replace its agent
DIRECT STATE ACTION DOCTRINE OF REVOLUTION
In a concurring of Justice Mendoza she said that from the
natural law point of view, the right to revolution has been defined as an
inherent right of people to cast out their rulers, change their policy or
effect radical reforms in their system of government or institutions by
force or a general uprising when the legal and constitutional methods of
making such change have proved inadequate or are so obstructed as to be
unavailable. It has been said that the locus of positive law-making
power lies with the people to abolish, to reform and to alter any existing
form of government without regard to the existing constitution.
How will you replace the agent? By revolution
Revolution: Is it legal?
o Can not be illegal since it is performed by the State.
When can revolution a rebellion OR revolution is not rebellion?
Rebellion not illegal when it is not successful. -
Revolution when rebellion succeeds, legal.
Is Revolution Constitutional?
o Its not constitutional but its extra-constitutional because it
goes outside the orbit of the constitution.
If it succeeds, it is likewise constitutional?
o No its not unconstitutional but extra-constituional. Right to
revolt is not unconstitutional because it is not stipulated in the
constitution.
DIFFERENCE BETWEEN EDSA 1 AND EDSA 2
In fine, the legal distinction between EDSA 1 and EDSA 2 is clear.
1. EDSA 1 involves the exercise of the people power of revolution
which overthrow the government. EDSA 2 is the exercise of
people power of freedom of speech and freedom of assembly
to petition the government for redress of grievances which
only affects the office of the President.
2. EDSA 1 is extra constitutional and the legitimacy of the new
government that resulted from it cannot be the subject of
judicial review, but EDSA 2 is intra constitutional and the
resignation of the sitting President that it caused and the
succession of the Vice President as President are subject to
judicial review.
3. EDSA 1 presented a political question; EDSA 2 involves legal
questions. A brief discourse on the freedom of speech and of
freedom of assembly to petition the government for redress of
grievance which are cutting edge of EDSA People Power 2 is
not appropriate.
Unconstitutional When stated in a provision in the constitution and
violated.
*Indeed, the right to revolt cannot be recognized as a constitutional
principle. A constitution to provide for the right of the people to revolt
will carry with it the seeds of its own destruction. Rather, the right to
revolt is affirmed as a natural right. (Estrada vs Arroyo; Mendoza,
Concurring)
-right to revolt orbits outside the loop of the constitution
Extra-constitutional - When it is not stated in the constitution.
Government that institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which
are necessary to enable men to live in a social state or which are imposed
upon the people forming the society by those who possess the power or
authority of prescribing them. (US vs Dorr)
Administration the aggregate of those persons in whose hands the
reins of government are for the time being (the chief ministers or heads
of departments)
Kinds of Government:
1. Based on number of persons holding power
Monarchy
Oligarchy
Democracy
o Direct or pure - rights are exercised directly by the
people
o Indirect or Republican rights are exercised
through peoples representatives
2. Based on relationship between Legislative and Executive
Presidential
Parliamentary
3. Based on power of central authority
Federal
Unitary
4 Other classification:
De Jure without legal right, with control
De Facto with legal right, without control
De Jure and De Facto Governments
De Jure government is an organized government of a State
which has the general support of its people.
De Facto government is characterized by the fact that it is not
founded upon the existing constitutional law of the State.
Kinds of De Facto Government and Its effects on Law:
(Co Kim Cham vs Tan Keh)
1. Government De Facto of First Kind
That government which get possession and control of, or usurps, by force
or by the voice of the majority, the rightful legal government and
maintains itself against the will of the latter.
2. Government De Facto of Second Kind
That which is 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.
*What is the effect of belligerent occupation?
There is no change in sovereignty. Political laws, except the
law on treason, are suspended; municipal laws remain in force unless
repealed by the belligerent occupant. However at the end of the
belligerent occupation, when the occupant is ousted form the territory,
the political law which had been suspended during the occupation shall
automatically become
effective again, under the doctrine of jus postliminium.
PRINCIPLE OF POSTLIMINY (POSTLIMINIUM)
the fact that a territory which has been occupied by an enemy
comes again into the power of its legitimate government of
sovereignty, does not except in a very few cases, wipe out the
effects of acts done by an invader, which for one reason or
another it is within his competence to do.
Judicial acts done under his control, when they are not of a
political complexion, administrative acts so done, to the extent
that they take effect during the continuance of his control, and
the various acts done during the same time by private persons
under the sanction of municipal law, remain good.
On our Political Laws
Political law immediately cease to have effect, except insofar as
they are continued in force by the express consent of the new sovereign.
On our Municipal Laws
Our municipal laws which are not in conflict with the laws of
the new sovereign may continue in force with the express consent of the
new sovereign.
On Judicial Decisions
The judicial decisions are valid during the occupation and even
beyond except those of a political complexion which are automatically
annulled as soon as the legitimate authority is restored.
Basis: Sec. III of the Hague Convention of 1907 - powers and duties of
de facto governments regulated
Belligerent occupant has the right and is burdened with duty to
insure public order and safety during military occupation.
He can suspend the old laws and promulgate new one and make
such changes in the old as he may see fit.
He is enjoined to respect, unless absolutely prevented by the
circumstances, the municipal laws in force in the country -
enforce public order and regulate social and commercial life of
the country.
BUT, laws of political in nature are suspended
3. Government De Facto of Third Kind
That established as an independent government by the inhabitants of a
country who rise in insurrection against the parent State.
Functions of Government:
1. Constituent Those which constitute the very bonds of
society, and are, therefore compulsory and not optional;
a. The keeping of order and providing for the
protection of persons and property form violence
and robbery
b. Fixing of the legal relations between man and wife
and between parents and children
c. The regulation of the holding, transmission and
interchange of property and the determination of its
liabilities for debt or for action
d. Determination of contract right between individuals
e. Definition and punishment of crimes
f. Administration of justice and civil cases
g. Administration of political duties and privileges and
relations of citizens
2. Ministrant are those undertaken to advance the general
interests of society, such as public works, public charity, and
regulation of trade and industry. These functions are merely
optional.
a. Public works
b. Public education
c. Public charity
d. Health and safety regulations
e. Regulation of trade and industry
3. Parens Patriae Literally means father of his country. It is a
doctrine which refers to the inherent power or authority of the
State to provide protection of the person and property of a
person non sui juris. Under this doctrine, the State has the
sovereign power of guardian ship over persons under
disability. Thus the State is considred the parens patriae of
minors.
Sec 1 Art II
The Philippines is a democratic and republican State. Sovereignty resides
in the people and all government authority emanates form them.
*Democratic and Republican it maybe redundancy, but it is pardonable
(Tolentino vs Comelec; Dissenting Opinion)
Democratic though the exercise of Peoples initiative
Republican its alright to have republican.
PRNCIPLE OF REPUBLICANISM
A republican government is a government which is run by the
people through their chosen representatives who, in turn, are
accountable to the sovereign will of the people. They derive their
mandate form the people who elect them for a period or a term that is
fixed by law. They cannot, strictly speaking, go against the specific
authority and sovereign will of the people for they are precisely the
source of all government authority and are mere the trustees who are
expected to act for and in their behalf and for their benefit.
Adherence to International Law
Sec 2 Art II
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.
1. The Philippines renounces war as an instrument of national
policy
2. The Philippines adopts the generally accepted principles of
international law as part of the law of the land
3. The Philippines adheres to the policy of peace, equality, justice,
freedom, cooperation and amity with all nations.
(WE CANT PURSUE NATIONAL POLICY BY WAGING OFFENSIVE WAR,
we can defend our territory, hence we can only engage in defensive
war. What we renounce is an aggressive war, not a defensive war.),
*Doctrine of Incorporation (Sec 2 Art II) vs Doctrine of
Transformation
Doctrine of Incorporation
Under this doctrine, a State is, by reason of its membership in
the family of nations, bound by the generally accepted principles of
international law, the same being considered as part of its own laws.
In consonance with this doctrine, the Philippines is bound by
any resolution which is duly approved by the United Nations General
Assembly or by any treaty, commitment, or agreement, reached in an
international convention, especially when the Philippines is a party or a
signatory to the said agreement or treaty. But even if it is not a signatory,
the Philippines is bound by the Hague Convention because it embodied
the generally accepted principle of international law binding upon all
States.
Think of 2 kinds of laws:
Domestic Laws / Municipal Laws / National Laws
Generally Accepted Principle of International Law
Difference:
Doctrine of Incorporation applying the generally accepted principle of
international law
Doctrine of Transformation enacting a law in accordance with the
general accepted principle of international law
What if theres a conflict in international and domestic law?
Apply StaCon: Law must be harmonized; later law prevails except when
the international law is against the Constitution.
Civilian Supremacy (Art II Sec 3)
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.
1. The principle of civilian supremacy
a. The doctrine teaches the supremacy of the
sovereign Filipino people in line with the principle
that sovereignty resides in the people and all
government authority emanates from them, and
this supremacy is at all times, supreme over the
military.
2. The principle that the Armed Forces of the Philippines is the
protector of the people and the State.
a. This means that if the President of the Republic of
the Philippines, or high government officials of the
land, happens to be the one who are committing
abuses while in the performance of their duties, the
Armed forces of the Philippines is obliged, under
Sec. 3, to protect the people of the State, against
their abuses. In other words, the interest of the
people is more supreme than the interest of the said
official.
The Separation of Church and State (Sec. 6 Art II)
The separation of Church and State shall be inviolable.
The separation serves to delineate the boundaries between the
two institutions thereby avoiding, as much as possible, any encroachment
by one against the other. Each is independent within the sphere of their
respective mission and prerogatives, but still governed, both in theory
and in actual practice, by the principle of cooperation to attain the
common good. After all, both institutions have common denominators,
that of promoting peace and order, the protection of life, liberty and
property and the promotion of general welfare so that the people will
enjoy the blessings of democracy.
The doctrine cuts both ways. It is not only the State that
prohibited form interfering in purely ecclesiastical affairs; the Church is
like wise barred from meddling in purely secular matters. And the reason
is plain. A union of Church and State, as aptly remarked, Tends to
destroy government and to degrade religion. It is also likely to result in a
conspiracy, well-nigh irresistible because of its composite strength,
against the individuals right to worship.
Inviolable absolute
Why can a Church influence the State?
-Because Art II only mandates the State, not the Church
Freedom of Religion (Sec. 5 Art II)
No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
Non Establishment Clause
Requires the State to be neutral. According to Chief Justice
Enrique Fernando, the State should adopt a position of neutrality.
Free Exercise Clause
Religious freedom is to allow a man to worship / to believe
according to the dictates of his conscience, to profess his religious beliefs,
and to live as he believes he ought to live, consistent with the liberty of
others and with the common good.
Non-religious Test Clause
No religious test shall be required for the exercise of civil and
political rights.
*Sec. 28 par. 3 Art 7
Charitable institutions, churches and parsonage or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, building, and
improvements, actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt for taxation.
*To avoid establishment of religion excessive entanglement
-the constant contact with religion, can establish religion they would
ask for exemptions
Sec. 29 par. 2 Art 7
No public money or property shall be appropriated, applied, paid, or
employed, directly xxx except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution or
government orphanage or leprosarium.
That sometimes, to allow non establishment of religion you
must extend some to religion.
Social Justice (Sec. 10)
Social Justice is neither communism, nor atomism, nor
anarchy but the humanization of laws and equalization of social and
economic force of the State so that justice in its rational and objectively
secular conception may at least be approximated.
Social justice means the promotion of the welfare of all the
people, adoption by the Government of measures calculated to insure
economic stability of all the component elements of the society, through
the maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-
constitutionally through the exercise of power underlying the existence
of all governments on the time-honored principle of salus populi est
suprema lex (Calalang vs Williams)
Promotion of Health and Ecology (Sec 15 & 16 Art II) Doctrine of Separation of Power
It operates to maintain the legislative powers to the legislative
Intergenerational Responsibility department, executive powers to the executive department, and those
Intergenerational Responsibility is the personality to sue in which are judicial in character to the judiciary. Through this allocation of
behalf of the succeeding generations insofar as the right to a balanced powers, the person entrusted with power in any of the departments of
and healthful ecology is concerned. Such right expounded to the "Rhythm government shall not be permitted to encroach upon the power confided
and harmony of nature." Such rhythm and harmony indispensably to the others, but that each shall, by the law of its creation (Constitution),
include inter alia the judicious disposition, utilization, management, be limited to the exercise of the powers appropriated to its own
renewal and conservation of the country's forest, mineral, land, water, department and no other. There must be independence and equality of
fisheries, wildlife, off shore areas and other natural resources to the end the several departments.
that their exploration, development and utilization be equitable
accessible to the present as well as future generation. Therefore, every 1. The powers of the government are divided into three:
generation has a responsibility to the next to preserve that rhythm and legislative, executive, judicial
harmony for the full enjoyment of a balanced and healthful ecology. 2. These three powers of government are distributed to three
August 8, 2012 branches
3. These 3 branches are separate and co-equal
Honest Public service and Full Disclosure (Sec 27 and Sec 28 Art II)
1. Public office is a public trust Basis of the Doctrine of Separation of Powers
a. Public officials in all the ladders of the government The basis of the doctrine is the Constitution itself which
should always remember that they were merely allocates powers to each of the said departments of government precisely
entrusted by the people to perform the duties and on account of the principle that the Philippines is a democratic and
responsibilities of their offices for a fixed period of republican State.
time.
2. Our government is a government of laws and not of men. *Where can you find the Separation of Power? Art. 6, 7 & 8
a. Law should be applied equally without fear or favor. Article VI Legislative Department
No one in this republic, not even the President of the the legislative power shall be vested in the
Philippines, is above the law. Congress of the Philippines
3. Transparency in Public Service Article VII Executive Department
a. Public officials are mere trustees of the people, they the executive power shall be vested in the
should observe loyalty and fidelity to the people President of the Philippines
who have entrusted to them specific duties for a Article VIII Judicial Department
specific tenure. the judicial power shall be vested in one Supreme
Court and in such lower courts as may be
information of public concern shall be recognized: established by law.
-access to official records, documents, and paper pertaining to
official acts, transactions or decision Why do we have to distribute the powers to three branches?
-government research data used as basis for policy Prevent concentration of powers
development How? By principle of Checks and Balances
-subject to limitations as maybe provided by law Why do we have these Checks and
Balances?
Settled principle in Administrative Law:
Before a party can be allowed to resort to the courts, he is Checks and Balances
expected to have exhausted all means of administrative Under the system of checks and balances, one department is
redress available under the law. given certain powers by which it may definitely restrain the others form
The courts will not entertain a case unless the available exceeding constitutional authority. It may object or resist any
administrative remedies have been resorted to. encroachment upon its authority, or it may question, if necessary, any act
EXCEPTION: WHEN ONLY A QUESTION OF LAW IS INVOLVED or acts which unlawfully interferes with its sphere of jurisdiction and
authority.
Right to information is an essential premise of a meaningful right to
speech and expression How do we Check?
Meant to enhance the widening role of the citizenry in governmental Congress
decision-making as well as in checking abuse in government o Judiciary = Judicial Review
o President = Veto Power
It is not Absolute President
-limited to "matters of public concern" o Judiciary = Judicial Review
-subject to such limitations as maybe provided by law o Congress = Concurrence
-limited to "transactions involving public interest" = Impeachment
-subject to reasonable conditions prescribed by law = override veto power of President
Judiciary
Right to privacy belong to the individual in his private capacity and o President = Pardoning Power
not to public and governmental agencies like the GSIS o Congress = Limits the Jurisdiction

A corporation has no right to privacy in its name since the entire
basis of right to privacy is an injury to the feelings and sensibilities
of the party and a corporation would have no such ground for relief.
In the present case, invocation of right to privacy is may not succeed
considering the public offices they were holding at the time the
loans were alleged to have been granted. (Valmonte vs Belmonte)
Citizens are afforded the right to information and pursuant thereto, are
entitled to access to official records, THE CONSTITUTION DOES NOT
ACCORD THEM A RIGHT TO COMPEL CUSTODIAN OF OFFICIAL
RECORDS TO PREPARE LISTS, ABSTRACTS, SUMMARIES AND THE LIKE
IN THEIR DESIRE TO ACQUIRE INFORMATION ON MATTERS OF PUBLIC
CONCERN
Examples:
1. Congress Law Income Taxes
Judiciary Decision salary of judges cannot be taxed
Congress Law tax is not a diminution of salary
*the second law passed tells us how to interpret the first law, but it is not
their function to interpret the law
*It cannot pass a law that interprets the law, 2ND LAW IS
UNCONSTITUTIONAL
2. Law
Robinhood Padilla arrested without warrant, more than 2 years of
imprisonment
Ramon Padilla, Sr. passed a law, lower the penalty
-2nd Law is a Check it changes the condition of which the law is based.
Retroactivity
 August 10, 2012
Blending of Power sharing of power of both executing and legislative Structure of Legislative Department
department example: Congress of the Philippines
General Appropriations Law o Senate
President and Congress help one another in making of laws 24 senators
President enters into a treaty with foreign countries and o House of the Representatives
Senate ratifies the same. not more than 250 increased by law
Supreme Court may declare treaty, international or executive province
agreement or laws unconstitutional. o at least one representative
city
In actual practice, blending of powers is actually a sharing of o at least population of 250,000 allocate a seat
powers of the different departments of government whereby on general reapportionment law
department helps and coordinates with other in the exercise of a o create a legislative district requisite: Contiguous,
particular power, function or responsibility. It is in the process of sharing Compact, Adjacent Territories
and collaborating with each other that one department not only helps but to Prevent Gerrymadering unfair
also checks the other if for any valid reason it is deemed necessary for the distribution of legislative district,
public good. Exception: as far as practicable (Art VI
Sec 3) but no case yet.
Legislative Department
Legislative Power is it exclusive to the Legislative Department? NO, *Can you allocate 2 seats to population of 450k? (Mariano vs Comelec)
because it is also shared by the congress to the people by the provision Art VI Sec. 5 (3). Each city with a population of at least two hundred fifty
on initiative and referendum. thousand, or each province shall have at least one representative. It only
*There is now a law enabling initiative and referendum but not to says that for every 250k population, it must have AT LEAST 1
Constitutional Amendment. representative. Therefore, 2 representatives are allowed.

Congress of the Philippines *Districts and Party Lists

2 Houses
Senate
House of the Representatives
Section 2
The Senate shall be composed of twenty-four Senators who shall be
elected at large by the qualified voters of the Philippines, as may be
provided by law.
Section 3
No person shall be a Senator unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least thirty-five years of
age, able to read and write, a registered voter and a resident of the
Philippines for not less than 2 years immediately preceding the day of the
election.
Senate
- 24 Senators
Requisites (NARRA)
Natural Born
At least 35
Registered voter
Resident
Able to read and write
*These requirements are exclusive and continuing
If a requirement is lost during the term, the position remains.
*Social Justice Society vs Dangerous Drugs Board
*Can it be required for students to undergo drug test? Yes, to ensure
safety of students going to school.
*Can it be required for employees to undergo drug test? Yes
*Can it be required for candidates for public office to undergo drug
test? No, because it adds to the requirements of public offices vested in
our Constitution. It must be changed through amendment.
Section 3 Residence to be construed domicile, not actual residence
In a dissenting opinion of Justice Puno, he said that Domicile in
turn has been defined as an individuals permanent home or
the place to which whenever absent for business or for
pleasure, one intends to return and depends on facts and
circumstances in the sense that they disclose intent.
In a case decided by Supreme Court (Macalintal vs COMELEC),
domicile of origin is not easily lost. To successfully effect a
change of domicile, one must demonstrate an actual removal
or an actual change of domicile; bona fide intention of
abandoning the former place of residence and establishing a
new one; and acts which correspond with purpose.
Party lists shall constitute twenty per centum of the total number of
representatives INCLUDING THOSE UNDER THE PARTY LIST. (Art VI Sec
5)
QUALIFICATIONS: (Bayan Muna vs Comelec)
-Must represent the marginalized and underrepresented and lack of well-
defined constituencies
A. Marginalized and Underrepresented Sector labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas
workers, and professionals.
B. Political Parties (RA 7941)
a. Show, however, that they represent the interests of
the marginalized and underrepresented
b. Must show through its constitution, articles of
incorporation, by laws, history, platform of
government and track records
c. Sect 6 of 7941 (disqualification)
i. Religious sect or denomination as long
as not for religious purposes (MORE
MORE MORE!!!)
d. Party or organization must not be an adjunct of or a
project organized or an entity funded or assisted by
the government
4 Parameters in a Philippine Style Party-list Election System:
1. Twenty percent of the total number of the membership of the
House of Representatives is the maximum number of seats
available to party-list organization, such that there is
automatically one party-list seat for every four existing
legislative districts.
2. Garnering two percent of the total votes cast in the party-list
elections guarantees a party-list organization one seat.
3. The additional seats, that is, the remaining seats after the
allocation of the guaranteed seats, shall be distributed to the
party-list organizations including those that received less than
2 percent of the total votes.
4. Each qualified party is limited to 3 seats only due to the three-
seat cap rule.
Distribution:
A. 20% allocation for P/L inviolable
B. 2% threshold inviolable
a. min. 2% of total votes cast to the party list = 1 seat
C. Three seat limit rule each qualified party
D. Proportional Representation

How to prove intent to return? -To some degree of permanence, the

intent not to abandon, the intent to return. (house or ancestral house)
-Beach House only place for relaxation
First Round of Set allocation:
First round is the distribution of guaranteed one seat allocation
to parties receiving at least 2% of the total party-list votes.

Second Round: There are 2 steps.

First, the percentage is multiplied by the remaining available
seats, 38, which is the difference between the 55 maximum seats
reserved under the Party-List System and the 17 guaranteed seats of the
two-percenters. The whole integer of the product of the percentage and
of the remaining available seats corresponds to a party's share in the
remaining available seats.
Second, we assign one party-list seat to each of the parties next
in rank until all available seats are completely distributed. We distributed
all of the remaining 38 seats in the second round of seat allocation.
Finally, we apply the three-seat cap to determine the number of seats
each qualified party-list candidate is entitled.

*Sec 6.
-No Senator shall serve for more than 2 consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as
an interruption in the continuity of his service for the full term for which
he was elected.
Tenure actual holding of office removed = ended tenure
Term
What if you are removed from the office of senator in your third year of
service (supposed to be 6 years)?
SECOND SENTENCE OF SEC 6 YES because involuntary renunciation is
an interruption of his consecutive term. So he can run for another office!