ANSWERS
ANSWERS
ANSWERS
26,
The scope and distribution of questions will be 1949).
as follows:
3. The Vienna Convention on Road Signs and
A. The Law Pertaining To The State And Signals (Agustin v. Edu, G.R. No. L-49112,
Its Relationship With Its Citizens - 18 Feb. 2, 1979).
Questions
4. Duty to protect the premises of embassies
a. Constitutional Law - 11 questions and legations (Reyes v. Bagatsing, G.R. No.
i. Basic principles of political law (e.g., L-65366, Nov. 9, 1983).
separation of powers, sovereignty,
judicial review, fundamental powers 5. Pacta sunt servanda – international
of the State, i.e., police power, agreements must be performed in good
eminent domain, and taxation) faith (Tañada v. Angara, G.R. No. 118295,
May 2, 1997).
A. DECLARATION OF PRINCIPLES AND
STATE POLICIES
The Philippines renounces aggressive war as
Principles an instrument of national policy, but allows for
a defensive war.
Binding rules which must be observed in the
conduct of government
Civilian Authority
Policies
Article II, Section 3 of the Constitution states
Guidelines for the orientation of the state that “[c]ivilian authority is, at all times, supreme
over the military. The Armed Forces of the
Philippines is the protector of the People and
Generally Accepted Principles of International
the State. Its goal is to secure the sovereignty
Law
of the State and the integrity of the national
territory.”
Principles based on natural justice common to
most national systems of law
Civilian Authority - The head of the armed
forces
Examples:
is a civilian president and the primary purpose
of AFP is to serve and protect the people.
1. The right of an alien to be released on bail
while awaiting deportation when his failure
Mark of Sovereignty - Positively, the military is
to leave the country is due to the fact that
the guardian of the people and of the integrity
no country will accept him (Mejoff v.
of the national territory and therefore ultimately
Director of Prisons, G.R. No. L-4254, Sept.
of the majesty of the law. Negatively, it is an
26, 1951).
expression against military abuses.
Social Justice
Right to a Balance and Healthful Ecology
The State shall promote social justice in all
phases The right to a balanced and healthful ecology is
of national development. not
less important than any of the civil and political
rights enumerated in the Bill of Rights. The
right to
Social Justice has been defined as the a balanced and healthful ecology carries with it
humanization of laws and the equalization of an
social intergenerational responsibility to care for and
and economic forces by the State so that protect the environment (Oposa v. Factoran,
justice in G.R.
its rational and objectively secular conception No. 101083, Jul. 30, 1993).
may
at least be approximated (Calalang v. Williams,
G.R. No. 47800, Dec. 2, 1940).
In environmental cases, the precautionary
principle is used when there is a lack of full
scientific certainty in establishing a causal link
Protection of the Life of the Unborn between human activity and environmental
effect.
It is not an assertion that the unborn is a legal The precautionary principle, as a principle of
person. It is not an assertion that the life of the last
resort, shifts the burden of evidence of harm Reyes, G.R. No. 180771, Apr. 21, 2015)
away
from those likely to suffer harm and onto those
desiring to change the status quo.
(International Requisites for the Issuance of Writ of Kalikasan
Service for the Acquisition of Agri-Biotech v. (CPE)
Greenpeace, G.R. No. 209271, Dec. 8, 2015)
• Uncertainty
• Possibility of irreversible harm
• Possibility of serious harm
Definition of Sovereignty
Note: Even though the country allows a foreign
power to participate in the exercise of
The supreme and uncontrollable power
jurisdictional
inherent in
right over certain portions of its territory, such
a State by which that State is governed.
areas
(Nachura,
do not become impressed with alien character courts must decline to hear cases against
but foreign
rather, it retains its status as native soil. (Id)
C. STATE IMMUNITY
Kinds of Immunity
1. Express consent
a. General Law A party who feels transgressed by anyone
b. Special Law claiming
immunity may ask his own government to
espouse
his cause through diplomatic channels.
2. Implied consent
a. When the State commences
litigation, it becomes vulnerable to
a counterclaim; (US v. Guinto, Extent of Immunity
G.R. No. 76590, Feb. 26, 1990)
b. State enters into a business Immunity from jurisdiction is enjoyed by both
contract (thus exercising the
proprietary functions); (Id.)
head of State and by the State itself. The
State's JURE GESTIONIS
diplomatic agents, including consuls to a
certain JURE IMPERII
extent, are also exempt from the jurisdiction of
local By right of economic or
courts and administrative tribunals. business relation
By right of sovereign
power, in the exercise
Restrictive Application of State Immunity of sovereign functions
EXPRESS
IMPLIED (C BIP)
Specific Rules
Exception: The doctrine of immunity from suit
will
b. When State enters a Business Contract not apply and may not be invoked where the
public
official is being sued in his:
Types of Capacity of the State in entering into
contracts: 1. private and personal capacity as an
ordinary citizen
1. Acta jure gestionis - by right of economic 2. for acts without authority or in excess of the
or business relations; commercial or powers vested in him. (Lansang v. CA,
proprietary acts. The State may be sued G.R. 102667, Feb. 23, 2000)
(US v. Guinto, GR. No. 76607, Feb. 26,
1990)
2. Acta jure imperii - by right of sovereign
power and in the exercise of sovereign
functions; there is no implied consent to be Rule on Liability of Public Officers (SGU)
sued (US v. Ruiz, GR No. 35645, May 22,
1985) 1. Acting beyond Scope of Authority: When
a public officer acts in bad faith, or beyond
the scope of his authority, he can be held
personally liable for damages.
2. Acting in Good Faith: If a public officer
c. When State Executes and Enters Private acted pursuant to his official duties, without
Contracts malice, negligence, or bad faith, he is not
● General Rule: The State may be sued if a personally liable, and the suit is really one
private contract is entered into by the proper against the State
office and within the scope of his authority. 3. Ultra Vires Act: Where a public officer has
● Exception: When the private contract is committed an ultra vires act, or where there
incidental to the performance of a is showing of bad faith, malice, or gross
government function negligence, the officer can be held
personally accountable even if such acts
were claimed to have been performed in
connection with official duties (Wylie v.
Rarang, G.R. No. 74135, May 28, 1992).
Suits against Public Officers
Examples:
F. DELEGATION OF POWERS
Exceptions: (PLATE)
2. Delegation to Local Government Units – details of implementation
Local legislative bodies are allowed by our
Constitution to legislate on purely public o Administrative agencies may fill up
matters. Since what was given to local details of the statute for implementation
legislative bodies are not power to make rules
and regulations but legislative power, the rules o Legislature may pass “contingent
on valid delegation do not apply. However, legislation “which leaves to another
when what is given to local legislative body is body the business of ascertaining facts
executive power, the rules applicable to the necessary to bring the law into action
empowerment of administrative agencies also (ABAKADA v. Ermita, G.R. No. 168056,
become applicable (Rubi v. Provincial Board, Sept 1, 2005).
G.R. No. L-14078, March 7, 1919).
5. Emergency Powers
May be Operates on
granted to an entity or an
public service individual as
companies or the owner of a
public utilities particular
property
Purpose
The use of
the property
is “regulated”
for the
purpose of
Effect
promoting
There is no society and
transfer of is often
title. At most, referred to as
there is a damnum
restraint on absque
the injurious injuria i.e.
“damage
The money without
contributed in injury”
the concept of
taxes Person
becomes part affected
receives the
There is a equivalent of
transfer of the the tax in the
right to form of
property protection,
whether it be public
ownership or improvements,
and benefits
he receives
from the
use of the government as
property such.
Therefore,
of the public taxation may
funds be used as an
implementation of police
to a lesser power (Lutz v.
right (e.g. Araneta, 1955)
possession)
The person
Benefit affected
receives the
The person full and fair
affected market value
receives no of the
direct and property
immediate taken from
benefit but him
only such as
may arise Imposition
from the
maintenance The amount
of a healthy imposed
economic should not
standard of be more than
sufficient to
cover the
cost of the
license and
the
necessary
expense of
police
surveillance
and
inspection,
examination,
or regulation
as nearly as
can be
estimated
There is
generally no
limit to the
amount that
may be
imposed
There is no
amount
imposed but
rather the
owner is paid
the market
value of the
property
taken
Extent
Regulates
both liberty
and property
Requisites
Amendment
Examples:
Notes:
• The choice of either a ConAss or ConCon
for the purpose of initiating amendments or • While the substance of the proposals
revisions is left to the discretion of made by each type of ConAss is not
Congress. In other words, it is a political subject to judicial review, the manner the
question. proposals were made is subject to judicial
• The manner of calling a ConCon is subject review.
to judicial review, because the Constitution • Since a ConAss owes their existence to
has provided for voting requirements. the Constitution, the courts may determine
• If Congress, acting as a ConAss, calls for whether the assembly has acted in
a ConCon but does not provide the details accordance with the Constitution, for
for the calling of such ConCon, Congress example:
— exercising its ordinary legislative power o Whether a proposal was approved
— may supply such details. But in so by the required number of votes in
doing, Congress (as legislature) should not Congress (acting as a constituent
transgress the resolution of Congress assembly).
acting as a constituent assembly (Bernas, o Whether the approved proposals
The 1987 Philippine Constitution: A were properly submitted to the
Comprehensive Reviewer, 544-545, people for ratification.
2011).
• Congress, as a ConAss and the ConCon,
has no power to appropriate money for
their expenses. Money may be spent from
the treasury only pursuant to an
appropriation made by law. However, the
constitutional convention is free to dispose
the funds appropriated by Congress for the Notes:
Convention’s operation (Bernas, The 1987
Philippine Constitution: A Comprehensive • The electorate can propose through
Reviewer, 545, 2011). initiative ONLY amendments, since it
would be practically impossible to have an
over-all review of the Constitution through
action by the entire electoral population.
• No amendment through a People’s
3. People’s Initiative Initiative shall be authorized within 5 years
following the ratification of the 1987
Constitution (Feb. 2, 1987) nor more often
than once every 5 years. Congress shall
For a valid People’s Initiative, there must be: provide for the implementation of the
exercise of this right. (Art. XVII, Sec.2)
1. Petition to propose such amendments • Revision of the Constitution cannot be
must be signed by at least 12% of all effected through initiative and referendum.
registered voters. Formulation of provisions revising the
2. Every legislative district must be Constitution requires both cooperation and
represented by at least 3% of the debate which can only be done through a
registered voters therein. collegial body. (BERNAS)
Ways of Proposing Revisions
A Summary on
c. Labor Law - 3 questions
i. Basic principles Expanded Violence
ii. Existence of employer-employee
iii.
relationship; tests
Termination of employment
Against Women
iv. Requirements
contracting
for valid labor-only
and Children
v. Rights of employees and of labor
organizations; membership in unions “Expanded” Violence Against Women and Children
vi. Management prerogative
vii. Illegal recruitment of overseas Filipino Under Republic Act No. 9262, otherwise known as
workers the Anti-Violence Against Women and Their
viii. Remedies (labor standards violations) Children Act of 2004 (“VAWC”), the concept of
“violence” against women and children includes not
d. Taxation Law - 3 questions
just physical violence, but also sexual violence,
i. Basic principles of taxation in the
psychological violence, and economic abuse,
Constitution
ii. Income tax including threats of such acts, battery, assault,
iii. Value-added tax coercion, harassment, or arbitrary deprivation of
iv. Donor's tax liberty.[1] The law penalizes any act or a series of
v. Remedies (jurisdiction of courts, acts “committed by any person against a woman
prescription, remedies against assessment who is his wife, former wife, or against a woman
notices) with whom the person has or had a sexual or
dating relationship, or with whom he has a
common child, or against her child whether
legitimate or illegitimate, within or without the
b. Ethics - 4 questions
i. Qualifications for new lawyers (includes
those who reacquire citizenship)
ii. Code of Professional Responsibility
(including duties incorporated in the
Lawyer's Oath)
iii. Disqualifications/inhibitions for judges
iv. Direct and indirect contempt
NOTES: