Distinguish sovereignty from dominion.

Sovereignty is the right to exercise the functions of a State to the exclusion

of any other State. It is often referred to as the power of imperium, which is
defined as the government authority possessed by the State. On the other hand,
dominion, or dominium, is the capacity of the State to own or acquire property
such as lands and natural resources.

What is the 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. Thus,
since the Constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contract.

What are self-executing and non-self executing provisions of the Constitution?

A provision which lays down a general principle, such as those found in

Article II of the 1987 Constitution, is usually not self-executing. But a
provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies sufficient rule
by means of which the right it grants may be enjoyed or protected, is
self-executing. Thus a constitutional provision is self-executing if the
nature and extent of the right conferred and the liability imposed are fixed
by the Constitution itself, so that they can be determined by an examination
and construction of its terms, and there is no language indicating that the
subject is referred to the legislature for action.

Is the “Filipino First” Policy expressed in Section 10, Article XII of the
Constitution a self-executing provision?

Yes. It is a mandatory, positive command which is complete in itself and which

needs no further guidelines or implementing laws or rules for its enforcement.
From its very words the provision does not require any legislation to put it
in operation. It is per se judicially enforceable. When our Constitution
mandates that [i]n the grant of rights, privileges, and concessions covering
the national economy and patrimony, the State shall give preference to
qualified Filipinos, it means just that – qualified Filipinos must be
preferred. (Manila Prince Hotel v. GSIS)

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When are acts of persons considered “State action” covered by the
Constitution?

Held: In constitutional jurisprudence, the act of persons distinct from the

government are considered “state action” covered by the Constitution (1) when
the activity it engages in is a “public function”; (2) when the government is
so significantly involved with the private actor as to make the government
responsible for his action; and (3) when the government has approved or
authorized the action

When is a suit against a public official deemed to be a suit against the

State? Discuss.

The doctrine of state immunity from suit applies to complaints filed against
public officials for acts done in the performance of their duties. The rule is
that the suit must be regarded as one against the State where the satisfaction
of the judgment against the public official concerned will require the State
itself to perform a positive act, such as appropriation of the amount
necessary to pay the damages awarded to the plaintiff.

The rule does not apply where the public official is charged in his official
capacity for acts that are unlawful and injurious to the rights of others.
Public officials are not exempt, in their personal capacity, from liability
arising from acts committed in bad faith.

Neither does it apply where the public official is clearly being sued not in
his official capacity but in his personal capacity, although the acts
complained of may have been committed while he occupied a public position.

How may Filipino citizens who lost their citizenship reacquire the same?

Filipino citizens who have lost their citizenship may x x x reacquire the same
in the manner provided by law. Commonwealth Act No. 63 enumerates the three
modes by which Philippine citizenship may be reacquired by a former citizen:
(1) by naturalization, (2) by repatriation, and (3) by direct act of Congress.
(Frivaldo v. COMELEC)

Distinguish naturalization from repatriation.

Naturalization is a mode for both acquisition and reacquisition of Philippine

citizenship. As a mode of initially acquiring Philippine citizenship,
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CJ HILARIO DAVIDE, JR
naturalization is governed by Commonwealth Act No. 473, as amended. On the
other hand, naturalization as a mode for reacquiring Philippine citizenship is
governed by Commonwealth Act No. 63. Under this law, a former Filipino citizen
who wishes to reacquire Philippine citizenship must possess certain
qualifications and none of the disqualifications mentioned in Section 4 of
C.A. 473.

Repatriation, on the other hand, may be had under various statutes by those
who lost their citizenship due to: (1) desertion of the armed forces (Section
4, C.A. No. 63); (2) service in the armed forces of the allied forces in World
War II (Section 1, Republic Act No. 965 [1953]); (3) service in the Armed
Forces of the United States at any other time (Sec. 1, Republic Act No. 2630
[1960]); (4) marriage of a Filipino woman to an alien (Sec. 1, Republic Act
No. 8171 [1995]); and (5) political and economic necessity (Ibid).

As distinguished from the lengthy process of naturalization, repatriation

simply consists of the taking of an oath of allegiance to the Republic of the
Philippines and registering said oath in the Local Civil Registry of the place
where the person concerned resides or last resided.

Distinguish dual citizenship from dual allegiance.

Dual citizenship arises when, as a result of the concurrent application of the

different laws of two or more states, a person is simultaneously considered a
national by the said states. For instance, such a situation may arise when a
person whose parents are citizens of a state which adheres to the principle of
jus sanguinis is born in a state which follows the doctrine of jus soli. Such
a person, ipso facto and without any voluntary act on his part, is
concurrently considered a citizen of both states.

Dual allegiance, on the other hand, refers to a situation in which a person

simultaneously owes, by some positive act, loyalty to two or more states.
While dual citizenship is involuntary, dual allegiance is the result of an
individual’s volition.

Activities which are held valid despite military cooperation are, but not
limited to the following:

1. Elections;

2. Administration of the Philippine National Red Cross;

3. Relief and rescue operations during calamities and disasters;

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 4. Amateur sports promotion and development;

5. Development of the culture and the arts;

6. Conservation of natural resources;

7. Implementation of the agrarian reform program;

8. Enforcement of customs laws;

9. Composite civilian-military law enforcement activities;

10.Conduct of licensure examinations;

What are the tests of a valid delegation of power?

The law (a) is complete in itself, setting forth therein the policy to be
executed, carried out, or implemented by the delegate; and (b) fixes a
standard – the limits of which are sufficiently determinate and determinable –
to which the delegate must conform in the performance of his functions. A
sufficient standard is one which defines legislative policy, marks its limits,
maps out its boundaries and specifies the public agency to apply it. It
indicates the circumstances under which the legislative command is to be
effected.

Is the power of both houses of Congress to conduct inquiries in aid of

legislation absolute or unlimited?

The 1987 Constitution expressly recognizes the power of both houses of

Congress to conduct inquiries in aid of legislation . Thus, Section 21,
Article VI provides x x x.

The power of both houses of Congress to conduct inquiries in aid of

legislation is not, therefore, absolute or unlimited. Its exercise is
circumscribed by the afore-quoted provision of the Constitution. Thus, as
provided therein, the investigation must be “in aid of legislation in
accordance with its duly published rules of procedure” and that “the rights of
persons appearing in or affected by such inquiries shall be respected.” It
follows then that the rights of persons under the Bill of Rights must be
respected, including the right to due process and the right not to be
compelled to testify against one’s self.

SIDE NOTES:

THE DOCTRINE OF POSTLIMINIUM

If a belligerent occupation of territory has ended, as by defeat or expulsion

of the enemy or relinquishment of the territory by voluntary departure of the

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occupant, and the absent sovereign returns, the territory, its inhabitants and
property come under the control of the original and now restored sovereign,
and the legal state of things is conceived for many purposes to have been
continuously in existence.

EFFECT OF POSTLIMINY AS TO THE SOVEREIGNTY

- Only the exercise of sovereignty, not the sovereignty itself is

suspended during belligerent occupancy. ( Laurel vs Misa )

EFFECT OF POSTLIMINY AS TO CITIZENSHIP

- The children of the natives, born during such temporary occupation

by conquest, are, upon a reconquest or reoccupation by the original sovereign,
deemed, by a sort of postliminy, to be subjects from their birth although they
were then under the actual sovereignty and allegiance of an enemy.

EFFECT AS TO CRIMES COMMITTED DURING OCCUPATION

- Only crimes that are those of political complexion will be

extinguished after the restoration of the original sovereign.( Alcantara vs
Director of Prisons )

THE DOCTRINE OF PARENS PATRIAE

A doctrine which means guardians of the rights of the people. It is a concept

of standing utilized to protect quasi-sovereign interests, such as ‘health,
comfort, and welfare’ of the people,” when such interests are threatened and
state government intervention may be needed.

- The state, as parens patriae, has the right to enforce all

charities of public nature, by virtue of its general superintending authority
over the public interests, where no other person is entrusted with it.(
Government of the Philippine Islands vs Monte de Piedad )

THE DOCTRINE OF INCORPORATION

Legal principle that, in general, the provisions of international law are

enforceable in a jurisdiction so far as they are consistent with the
provisions of its domestic law.

- International Laws are given equal standing with national

legislations. ( Lim vs Executive Secretary )

THE DOCTRINE OF TRANSFORMATION

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Legal principle that the provisions of international law are enforceable in a
jurisdictions if they are adopted through customary use, court decisions
(precedence), or legislation.

- Although the president may enter into Executive Agreements without

previous legislative authority, he cannot however, by executive agreements,
enter into a transaction prohibited by statutes enacted prior thereto.(
Gonzales vs Hechanova )

- Municipal Laws enacted in pursuance to the state’s police power

must be upheld over treaties. ( Ichong vs Hernandez )

- Treaties are always subject to qualification and amendments by a

subsequent law ( Ichong vs Hernandez )

- The constitution authorizes the nullification of a treaty not only

when it conflicts with the law but when it runs counter to an act of congress.
( Gonzales vs Hechanova )

Article II, Section 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.

- Calling out of the armed forces to assist civilian police officers

in the patrol over the metropolis in suppression of crimes is not a derogation
of the civilian supremacy over the military. ( Integrated Bar vs Zamora )

- Court Martials are instrumentalities of the Executive Department to

enable the president as commander-in-chief, to effectively control, and
discipline the armed forces. In short, it forms part of the system that
ensures the president’s control, and thus, civilian supremacy over the
military. ( Gonzales vs General Abaya )

- Mere declaration of a state of rebellion does not suspend the

habeas corpus and do not violate constitutionally guaranteed rights ( SANLAKAS
vs Executive Secretary )

- When the president prohibits as commander-in-chief, it is within

her constitutional powers to ensure civilian supremacy over the military.
Thus, whent the military is torn between obeying the president or the senate,
he should render obedience to the president.( Gudani vs Senga )

DOCTRINE OF BENEVOLENT NEUTRALITY ACCOMMODATION

Under the benevolent-neutrality theory, the principle is that freedom to carry

out one’s duties to a Supreme Being is an inalienable right, not one dependent
on the grace of legislature. Religious freedom is seen as a substantive right
and not merely a privilege against discriminatory legislation. With religion
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CJ HILARIO DAVIDE, JR
looked upon with benevolence and not hostility, benevolent neutrality allows
accommodation of religion under certain circumstances.

- Moral Belief is upheld over Secular Belief if such do not run

counter to the state’s interest. ( Estrada vs Escritor )

THE DOCTRINE OF SEPARATION OF POWERS

The doctrine of the separation of powers divides the institutions of

government into three branches: legislative, executive and judicial: the
legislature makes the laws; the executive put the laws into operation; and the
judiciary interprets the laws. The powers and functions of each are separate
and carried out by separate personnel. No single agency is able to exercise
complete authority, each being interdependent on the other. The doctrine can
be extended to enable the three branches to act as checks and balances on each
other. Each branch’s independence helps keep the others from exceeding their
power, thus ensuring the rule of law and protecting individual rights.

- The courts cannot interfere with the legislature in its rights to

conduct investigation in aid of legislation. ( Senate Blue Ribbon vs Majaducon
)

- The power to create political subdivisions is a function of the

legislature. ( Camid vs Office of the President )

- Power of inquiry, with process of enforcement is an essential and

appropriate auxiliary to legislative function. ( Senate vs Ermita )

- If an information possessed by executive officials on the operation

of their offices is necessary for wise legislation,congress has the right to
that information and the power to compel its disclosure. The only way to
exempt themselves is through a valid claim of executive privilege. ( Senate vs
Ermita )

- Appearances of department heads in hearings in aid of legislation

is mandatory, while appearance in the question hour is necessary. ( Senate vs
Ermita )

- Congress has to provide advance information to the resource

speaker on what questions to be asked in order for the person to have ample
time to consult the president whether answers to such questions are
previliged. ( Neri vs Senate )

- Failure of the president or executive secretary to take cognizance

of identifying whether an information is privileged after ample time shall be
tantamount to make such information uncovered by executive privilege. ( Neri
vs Senate )

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CJ HILARIO DAVIDE, JR
TWO KINDS OF EXECUTIVE PRIVILEGES

Presidential Communications Privilege – pertains to communications, documents

and other materials that reflect presidential decision making.

Deliberative Process Privilege – involves advisory opinions, recommendations

and deliberations comprising a process by which governmental decisions and
policies are formulated.

Elements of Presidential Communications Privilege

a. the protected communication must relate to a non delegable presidential

power.

b. the communication must be authored by a close advisor of the president or

the president himself.

c. can be overcome by a showing of adequate need such as the information

contains important evidence and by the unavailability of the information
elsewhere.

DELEGATION OF POWERS

Principle: Potestas Delegata non delegari potest. ( What has been delegated
cannot be delegated )

Permissible Delegations:

a. Delegation of Tariff powers to the president

b. Delegation of emergency powers to the president

c. Delegation to the people

d. Delegations to Local Governments

e. Delegation to Administrative Bodies

Tests for Valid Delegation

Completeness Test

The law must be complete in all its essential terms when it leaves the
legislature so that there is nothing left to the delegated authority but to
impose the law.

Sufficient Standard Test

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The law must contain sufficient standards to map out the boundary by defining
the legislative policy and the circumstances under which it will be imposed.

- For a delegation to be valid, the two tests must be satisfied. (

Pelaez vs Auditor General )

- The phrases such as “ interest of law and order”,” adequate and

efficient instruction”,” public interest”,” justice and equity”,” public
convenience and welfare”,” simplicity, economy and efficiency”,”
standardization and regulation of medical education”,and “ fair and equitable
employment practices” are accepted sufficient standards. ( Gerochi vs
Department of Energy,supra )

Appointments

- Prohibitions under Sec.15 Article 7 of the constitution only

applies to the vacancies in the executive department and not to the judiciary.
( De Castro vs JBC )

- An ad interim appointment is a permanent appointment because it

takes effect immediately and can no longer be revoked or withdrawn by the
president once the appointee has qualified into office. ( Matibag vs Benipayo
)

- The fact that an ad interim appointment is subject to confirmation

by the commission on appointments does not alter its permanent character. The
constitution itself makes an ad interim appointment permanent in character by
making it effective until disapproved by the Commission on Appointments or
until the next adjournment of Congress. ( Matibag vs Benipayo )

- An ad interim appointment means a permanent appointment made by the

president in the mean time that congress is in recess. ( Matibag vs Benipayo )

- While an ad interim appointment is permanent and irrevocable, an

appointment or designation in a temporary or acting capacity can be withdrawn
or removed at the pleasure of the appointing authority. ( Matibag vs Benipayo
)

- Confirmation by the commission on appointments is required only for

presidential appointees mentioned in the first sentence of in Article 7,
Section 16, including those officers whose appointments are expressly vested
by the constitution itself in the president. ( Calderon vs Carale )

- Confirmation is not required when the president appoints other

government officers whose appointments are not otherwise provided for by law
or those officers whom he may be authorized by law to appoint. ( Calderon vs
Carale )

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CJ HILARIO DAVIDE, JR
- There are four groups that a president may appoint. 1. Heads of
executive departments, ambassadors, other public ministers and consuls; 2. All
officers of the government whose appointments are not otherwise provided by
law; 3. Those whom the president may be authorized by law to appoint; 4.
Officers lower in rank whose appointments the congress may by law vest in the
president alone. ( Calderon vs Carale )

EMINENT DOMAIN

Circumstances that are to be present in the taking of a property for purposes

of eminent domain:

1. The expropriator must enter a private property; 2. The entrance into the
private property must be for more than a momentary period; 3. The entry into
the property should be under warrant or color of legal authority; 4. The
property must be devoted for public use; and 5. the utilization of the
property for public use must be in such a way to oust the owner and deprive
him of all beneficial enjoyment of the property.

POLICE POWER VS POWER OF TAXATION

The authority of local governments to issue licenses or permits is in the

exercise of the police power of the state within the contemplation of the
general welfare clause of the Local Government code. Police Power is
essentially regulatory in nature and the power to issue licenses and permits
if exercised for a regulatory and not for revenue-raising purpose, is within
the ambit of this power. However, the power to grant or issue license or
business permits must always be exercised in accordance with law, with utmost
observance of the rights of all concerned to due process and equal protection
of the law.

The power to tax is based on the life-blood principle in which, without taxes,
the government cannot fulfill its mandate. On the other hand, police power is
the power to promote public welfare and regulating the use of liberty and
property. The conservative and pivotal distinction between these powers is
made. If generation of revenue is the primary purpose and regulation is merely
incidental, the imposition is a tax, if regulation is the primary purpose and
revenue is incidentally raised do not make the imposition a tax.

GOVERNMENTAL VS PROPRIETARY FUNCTIONS

The holding of a town fiesta is an exercise of proprietary function.

Therefore, municipalities are liable for any injury sustained in occasion
thereof.

DOCTRINE OF IMPLIED MUNICIPAL LIABILITY

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- The doctrine of implied municipal liability applies to cases where
money or other property of a party is received under such circumstances that
the general law, independent of express contract, imposes the obligation upon
the city to do justice with respect to the same. If the city obtain money of
another by mistake, or without authority of law, it is her duty to refund it -
not from any contract entered into by her on the subject, but from the general
obligation to do justice which binds all persons, whether natural or
artificial. If the city obtain other property which does not belong to her, it
is her duty to restore it; or if used by her, to render an equivalent to the
true owner, from the like general obligation: the law, which always intends
justice, implies a promise.

CLYDE MAGLINTE ELARCOSA JD 1 - A

POLITICAL LAW
CJ HILARIO DAVIDE, JR