Doctrine of fair comment.

A doctrine in the law of libel, which 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 directed against a public person in his public
capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may
be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the
comment is an expression of opinion, based on established 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, 361 Phil.
1999].

Doctrine of immunity from suit. 1. [The doctrine the application of which] has been restricted to
sovereign or governmental activities [jure imperii]. The mantle of state immunity cannot be extended to
commercial, private and proprietary acts [jure gestionis]. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994].
2. The restrictive application of State immunity is proper when the proceedings arise out of commercial
transactions of the foreign sovereign, its commercial activities or economic affairs. Stated differently, a
State may be said to have descended to the level of an individual and thus can be deemed to have tacitly
given its consent to be used only when it enters into business contracts. It does not apply where the
contract relates to the exercise of its sovereign functions. [US v. Ruiz, GR L-35645, May 22, 1985, 136
SCRA 487, 490].

Doctrine of incorporation. Intl. Law. The doctrine that states that the rules of Intl. Law form part of the
law of the land and no legislative action is required to make them applicable to a country. The Phils.
follows this doctrine, because Sec. 2. Art. II of the Consti. states that the Phils. adopts the generally
accepted principles of international law as part of the law of the land.

Doctrine of indelible allegiance. The doctrine that an individual may be compelled to retain his original
nationality notwithstanding that he has already renounced or forfeited it under the laws of the 2nd state
whose nationality he has acquired.

Doctrine of operative fact. [The doctrine that] nullifies the effects of an unconstitutional law by
recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative
fact and may have consequences which cannot always be ignored. The past cannot always be erased by
a new judicial declaration. [It] is applicable when a declaration of unconstitutionality will impose an undue
burden on those who have relied on the invalid law. [Planters Products, Inc. v. Fertiphil Corp., GR
166006, 14 Mar. 2008]. See also Operative fact doctrine.

Doctrine of parens patriae (father of his country). The doctrine [referring] to the inherent power and
authority of the state to provide protection of the person and property of a person non sui juries. Under
that doctrine, the state has the sovereign power of guardianship over persons under disability. Thus, the
state is considered the parens patriae of minors. [Govt. of the P. I. v. Monte de Piedad, 35 Phil. 728].

Doctrine of political question. [The] well-settled doctrine that political questions are not within the
province of the judiciary, except to the extent that power to deal with such questions has been conferred
upon the courts by express constitutional or statutory provisions. [Taada v. Cuenco, GR L-10520, Feb.
28, 1957].

Doctrine of presumption of regularity in the performance of official duty. The doctrine holding that
every public official, absent any showing of bad faith and malice, is entitled to the presumption regularity
in the performance of official duties.

Doctrine of proper submission. Consti. Law. 1. All the proposed amendments to the Consti. shall be
presented to the people for the ratification or rejection at the same time, not piecemeal. 2. Plebiscite may
be held on the same day as regular election provided the people are sufficiently informed of the
amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine
manner. Submission of piece-meal amendments is constitutional. All the amendments must be submitted
for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving
at their decision. They have no idea yet of what the rest of the amended constitution would be. [Tolentino
v. Comelec, 41 SCRA 702].
Doctrine of ripeness for judicial review. This [doctrine] determines the point at which courts may
review administrative action. The basic principle of ripeness is that the judicial machinery should be
conserved for problems which are real and present or imminent and should not be squandered on
problems which are future, imaginary or remote. [Mamba v. Lara, GR 165109, Dec. 14, 2009].

Doctrine of separation of church and state. The doctrine enshrined in Sec. 6, Art. II of the 1987 Phil.
Consti. which provides that: The separation of Church and State shall be inviolable. The idea advocated
by this principle is to delineate the boundaries between the two institutions and thus avoid encroachments
by one against the other because of a misunderstanding of the limits of their respective exclusive
jurisdictions. [Austria v. NLRC, GR 124382, 16 August 1999].

Doctrine of separation of powers. A basic postulate that forbids one branch of government to exercise
powers belonging to another co-equal branch; or for one branch to interfere with the others performance
of its constitutionally-assigned functions. [Velasco, Jr., concurring op., Neri v. Senate Committee on
Accountability of Public Officers and Investigations, GR 180643, Mar. 25, 2007].

Doctrine of sovereign immunity. 1. [Doctrine] expressly provided in Art. XVI of the 1987 Consti., viz:
Sec. 3. The State may not be sued without its consent. 2. [The doctrine which holds that] 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. Also called Doctrine of non-suability.

Doctrine of supervening event. The doctrine under which facts and events transpiring after the
judgment or order had become final and executory [which circumstances] affect or change the substance
of the judgment and render its execution inequitable would justify the suspension or nullification of such
final and executory judgment or order.

Doctrine of Archipelago. Under this concept ("archipelagic doctrine"), an archipelago shall be regarded
as a single unit, so that the waters around, between, and connecting the islands of the archipelago,
irrespective of their breadth and dimensions, form part of the internal waters of the state, and are subject
to its exclusive sovereignty.

Doctrine of Constitutional Supremacy. Under the doctrine of constitutional supremacy, if a law or

contract violates any norm of the constitution that law or contract whether promulgated by the legislative
or by the executive branch or entered into by private persons for private purposes is null and void and
without any force and effect.

Doctrine of proper submission. Consti. Law. 1. All the proposed amendments to the Consti. shall be
presented to the people for the ratification or rejection at the same time, not piecemeal. 2. Plebiscite may
be held on the same day as regular election provided the people are sufficiently informed of the
amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine
manner. Submission of piece-meal amendments is constitutional. All the amendments must be submitted
for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving
at their decision. They have no idea yet of what the rest of the amended constitution would be. [Tolentino
v. Comelec, 41 SCRA 702].

Doctrine of State Continuity. The doctrine by which a state's identity as an international legal person
persists notwithstanding unconstitutional or even violent changes in its government. As a result, a state
generally continues to owe and accrue international legal obligations notwithstanding such changes.

The act-of-state doctrine states that every sovereign state is bound to respect the independence of
every other sovereign state, and the courts will not sit in judgment of another government's acts done
within its own territory.

The restrictive theory of state immunity provided that foreign states were immune from jurisdiction
relating to their public acts" (acta jure imperii) but were not immune from jurisdiction for their private
acts" (Michael 2005) (acta jure gestionis) including commercial activities.
Sovereign equality is the concept in which every sovereign state possesses the same legal rights as any
other sovereign state in international law.

Political question doctrine. A doctrine which prevents a court of law from determining issues which are
essentially political; within the purview of the executive branch of government. ... Questions, in their
nature political, or which are, by the constitution and laws, submitted to the executive, can never be made
in this court."

He is not allowed to separate items of a bill. Exception: Exception to the exception: ... doctrine of
inappropriate provisions - a provision that is constitutionally inappropriate for an appropriation bill may be
singled out for veto even if it is not an appropriation or revenue item.

The Power of Augmentation

General Rule: No law shall be passed authorizing any transfer of appropriations. (Sec. 25[5], Art. VI, 1987
Constitution)

Exception: The President, the Senate President, the Speaker of the House of Representatives, the Chief
Justice, and the 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. (Sec. 5[5], Art. VI, 1987 Constitution)

THE 1973 CONSTITUTION REITERATED THE REGALIAN DOCTRINE. > Section 8. All lands of public
domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries,
wildlife, and other natural resources of the Philippines belong to the State.

Miranda Doctrine. The Miranda warning, which also can be referred to as the Miranda rights, is a right to
silence warning given by police in the United States to criminal suspects in police custody (or in a
custodial interrogation) before they are interrogated to preserve the admissibility of their statements
against them in criminal proceedings.

Principles involving the doctrine of symbiotic relationship/benefits protection. It is a legal duty on

the part of the citizen to pay taxes to support the Government. On the other hand, it is a reciprocal duty
on the part of the Government to provide protection and benefits.

Stewardship Doctrine Private property is supposed to be held by the individual only as a trustee for
the people in general, who are its real owner

Doctrine of Shifting Majority For each House of Congress to pass a bill, only the votes of the majority
of those present in the session, there being a quorum, is required.

Overbreadth doctrine. A principle of Judicial Review that holds that a law is invalid if it punishes
constitutionally protected speech or conduct along with speech or conduct that the government may limit
to further a compelling government interest.

DOCTRINE OF EFFECTIVE OCCUPATION

Discovery alone is not enough. Mere discovery gives only an inchoate right to the discoverer. For title to
finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the
same.

DOCTRINE OF INCORPORATION

The rules of international law form part of the law of the land and no legislative action is required to make
them applicable to a country. The Philippines follows this doctrine, because Section 2. Article II of the
constitution states that the Philippines adopts the generally accepted principles of international law as
part of the law of the land. However, the doctrine dictates that rules of international law are given equal
standing with, and are not superior to, national legislative enactments.
DOCTRINE OF AUTOLIMITATION

The doctrine where the Philippines adheres to principles of international law as a limitation to the exercise
of its sovereignty.

DOCTRINE OF PURPOSEFUL HESITATION

This is about the Symbolic function of the court. It means that the court would not decide on matters
which are considered political questions. This focus on the necessity of resolving Judicial Review.
Furthermore, in questions of constitutionality, Supreme Court will not rule right away because the
Supreme Court assumes that the Law passed the two departments already, thus, it went through process
of determining its constitutionality.

INTER-GENERATIONAL RESPONSIBILITY DOCTRINE

The Supreme Court in granting the petition ruled that the children had the legal standing to file the case
based on the concept of intergenerational responsibility. Their right to a healthy environment carried
with it an obligation to preserve that environment for the succeeding generations. In this, the Court
recognized legal standing to sue on behalf of future generations. Also, the Court said, the law on non-
impairment of contracts must give way to the exercise of the police power of the state in the interest of
public welfare.

PRINCIPLE OF BLENDING OF POWERS

Instances when powers are not confined exclusively within one department but are assigned to or shared
by several departments.

PRIMARY ADMINISTRATIVE DOCTRINE / DOCTRINE OF PRIOR RESORT

Where there is competence or jurisdiction vested upon administrative body to act upon a matter, no resort
to courts may be made before such administrative body shall have acted upon the matter.

DOCTRINE OF IMPLIED MUNICIPAL LIABILITY

A municipality may become obligated upon an implied contract to pay

the reasonable value of the benefits accepted or appropriated by it as to which it has the general power
to contract (Province of Cebu vs. IAC, 147 SCRA 447).

The doctrine applies to all cases where money or property of a party is received under such
circumstances that the general law, independent of an express contract, implies an obligation to do
justice with respect to the same.

Thus, in this case, the Province of Cebu cannot set up the plea that the contract was ultra vires and still
retain benefits thereunder. Having regarded the contract as valid for purposes of reaping benefits, the
Province of Cebu is estopped to question its validity for the purpose of denying answerability.

PLAIN VIEW DOCTRINE

The objects within the sight of an officer who has a right to be in a position to have that view are subject
to seizure and may be presented as evidence (open to the eye and hand). Finds application only when
the incriminating nature of the object

is in the plain view of the police officer.

Requisites:
1. Valid intrusion based on a valid warrantless arrest in which the police are legally present in the pursuit
of their official duties;

2. The evidence was inadvertently discovered by the police who have the right to be where they are;

3. The evidence must be immediately apparent; and

4. Plain view justified mere seizure of evidence without further search.

DOCTRINE OF COMMAND RESPONSIBILITY

Superior officer is liable for acts of subordinate when:

1. he negligently or willfully employs or retains unfit or incompetent subordinates

2. he negligently or willfully fails to require subordinate to conform to prescribed regulations

3. he negligently or carelessly oversees business of office as to furnish subordinate an opportunity for

default

4. he directed or authorized or cooperated in the wrong

5. law makes himself expressly liable

SUBORDINATE LEGISLATION DOCTRINE

Power of administrative agency to promulgate rules and regulations on matters of their own
specialization.

DOCTRINE OF RES JUDICATA

The doctrine of res judicata applies only to judicial or quasi-judicial proceedings and not to the exercise of
purely administrative functions. Administrative proceedings are non-litigious and summary in nature;
hence, res judicata does not apply. [Nasipit Lumber Co. v NLRC (1989)]. The essential requisites of res
judicata are:

1. The former judgment must be final;

2. It must have been rendered by a court having jurisdiction over the subject matter and the parties;

3. It must be a judgment on the merits; and

4. There must be identity of parties, subject matter and cause of action. [Ipekdijan Merchandising v CTA
(1963)]

DOCTRINE OF TRANSFORMATION

The generally accepted rules of international law are not per se binding upon the State but must first be
embodied in legislation enacted by the lawmaking body and so transformed into municipal law. Only
when so transformed will they become binding upon the State as part of its municipal law.

INDELIBLE ALLEGIANCE DOCTRINE

an individual may be compelled to retain his original nationality notwithstanding that he has already
renounced or forfeited it under the laws of the second state whose nationality he has acquired.

DOCTRINE OF EFFECTIVE NATIONALITY

(Art. 5, Hague Convention of 1930 on the Conflict of Nationality Laws) a person having more than one
nationality shall be treated as if he had only oneeither the nationality of the country in which he is
habitually and principally resident or the nationality of the country with which, in the circumstances, he
appears to be most closely connected (Frivaldo vs. Comelec)