BASIC DOCTRINES IN POLITICAL LAW

Atty. Maria Almira L. Fandialan – Saniano

I. POLITICAL LAW

Archipelagic Doctrine - It emphasizes the unity of land and waters by

defining an archipelago either as a group of islands surrounded by waters or
a body of waters studded with islands. For this purpose, it requires that
baselines be drawn by connecting the appropriate points of the outermost
islands to encircle the islands within the archipelago. The waters on the land
ward side of the baselines regardless of their breadth or dimensions are
internal waters.

Doctrine of Judicial Supremacy - The power of the judiciary to annul the

acts of either the legislative or the executive branches of government, or of
both, when not conformable to the fundamental law. (Assn. of Small
Landowners v. Secretary of Agrarian Reform, 175 SCRA 343)

Doctrine of Parens Patriae – “Parent of the people”. It refers to the State

power to “enforce all charities of a public nature.” It likewise includes the
power of the State to provide aid, legal, material, or otherwise to the less
fortunate or those whose social status is economically low in a democratic
society. (Nolledo, Constitution Annotated, p. 50)

Doctrine of Proper Submission - Plebiscite may be held on the same day

of the regular election but only in one plebiscite. (Gonzales vs. Comelec, 21
SCRA 774)

Doctrine of Executive Immunity - Immunity from suit of the incumbent

President. “Incumbent Presidents are immune from suit or from being
brought to court during the period of their incumbency and tenure” but not
beyond. [In Re: Saturnino Bermudez (145 SCRA 10)]

Stewardship Doctrine - Private property is supposed to be held by the

individual only as a trustee for the people who are its real owners.

Doctrine of Fair Comment - Fair commentaries on matters of public

interest are privileged and constitute a valid defense in an action for libel or
slander. It 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 deemed
malicious, nevertheless, when the discreditable imputation is directed
against a public person in his public capacity, it is not necessarily actionable
unless it be false allegations of fact or comment based on a false
supposition. If the comment is an expression of opinion, based on facts, then
it is immaterial that the opinion happens to be mistaken as long as it might
reasonably be inferred from the facts. (Borjal vs. CA, 501 SCRA 1)

Enrolled Bill Doctrine - The enrolled bill is conclusive upon the courts not
only as regards the provisions thereof but also its due enactment in
observance of the principle of separation of powers.
*ENROLLED BILL - one which has been duly introduced, finally passed by
both houses of Congress, signed by the proper offices of each, approved by
the President and filed by the Secretary of the State.

Doctrine of Supervening Event - The accused may be prosecuted for

another offense if a subsequent development changes the character of the
first indictment under which he may already have been charged or
convicted.

Overbreadth Doctrine - Even though the government’s purposes are

legitimate and substantial, they cannot be pursued by means that broadly
stifle fundamental personal liberties, when the end can be more narrowly
achieved. (ABS-CBN vs. Comelec, 323 SCRA 811)

LEX POSTERIOR DEROGATE PRIORI - In states where the constitution is

the highest law of the land, both statutes and treaties may be invalidated if
they are in conflict with the constitution. (Secretary of Justice vs. Lantion,
G.R. No. 139465, January 18, 2000)

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 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.

II. ELECTION LAW AND LAW ON PUBLIC OFFICERS

Doctrine of Statistical Improbability (Lagumbay Doctrine)

a. where there exists uniformity in the tallies of candidates belonging to one

party;

b. the systematic blanking out of the opposing candidates, as when all the
candidates of one party received all the votes, each of whom got exactly the
same number, and the opposing candidates got zero votes -- the election
returns are obviously manufactured, contrary to all statistical probabilities
and utterly improbable and clearly incredible. (Lagumbay vs. Comelec, 16
SCRA 175)

Doctrine on the Rejection of Second Placer - The second placer is just

like that – second placer. He was not the choice of the electorate. The
wreath (crown) of victory cannot be transferred to the repudiated loser.
(Cayat vs. COMELEC)
Labo Doctrine - The votes cast for the disqualified are not stray votes they
are valid votes only that the candidate was later on found to be disqualified.
It would have been different if his disqualification was so apparent, so
notorious, so much so that the people, notwithstanding that they knew him
to be disqualified, they still voted for him in which case the votes cast for
him shall be considered as protest votes. Protest votes are considered as
stray votes.

Doctrine of Command Responsibility - A superior officer is liable for acts

of his subordinates when he negligently or willfully employs or retains unfit
or incompetent subordinates. A head of a department or a superior officer
shall not be civilly liable for the wrongful acts, omissions of duty, negligence
or misfeasance of his subordinates unless he has actually authorized by
written order the specific act or misconduct complained of. [Sec. 38, (3),
Chapter 9, Book I, Administrative Code]

Luego Doctrine - Appointment is discretionary. It is a political question

involving considerations of wisdom that only the appointing authority may
determine. So that for as long as the appointee to a given office meets the
minimum qualifications prescribed, the Civil Service Commission, even the
Supreme Court itself, is powerless to nullify the appointment on the ground
that somebody else is better qualified. [Luego vs. CSC, 143 SCRA 327]

Hold-Over Doctrine - The concept of holdover when applied to a public

officer implies that the office has a fixed term and the incumbent is holding
onto the succeeding term. It is usually provided by law that officers elected
or appointed for a fixed term shall remain in office not only for the term but
until their successors have been elected and qualified. Where this provision
is found, the office does not become vacant upon the expiration of the term
if there is no successor elected and qualified to assume it, but the present
incumbent will carry over until his successor is elected and qualified, even
though it be beyond the term fixed by law. [Lecaroz vs. Sandiganbayan, 305
SCRA 397 (1999)]

III. ADMINISTRATIVE LAW

Doctrine of Res Judicata in Administrative Law - Decisions and orders

of administrative agencies, rendered pursuant to their quasi-judicial
authority have, upon their finality, the force and binding effect of a final
judgment within the purview of res judicata. (NAFTU vs. Mainit Lumber)

Doctrine of Qualified Political Agency or Alter Ego Doctrine - All

executive and administrative organizations are adjuncts of the executive
department. The heads of the various executive departments are assistants
and agents of the Chief Executive, and except in cases where the Chief
Executive is required by the Constitution or law to act personally, the
multifarious executive and administrative functions of the Chief Executive
are performed by and through the executive departments, and the acts of
the Secretaries of such departments, performed and promulgated in the
regular course of business, are, unless disapproved or reprobated by the
Chief Executive are presumptively the acts of the Chief Executive. [Joson v.
Torres, 290 SCRA 279 (1998)]
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. The doctrine applies to all cases where money or other property
of a party is received under such circumstances that the generalnlaw,
independent of an express contract, implies an obligation to do justice with
respect to the same. (Nachura, Reviewer, 2000, p. 431)

IV. PUBLIC INTERNATIONAL LAW

Doctrine of Incorporation - Rules of international law form part of the law

of the land and no further legislative action is needed to make such rules
applicable in the domestic sphere.

The doctrine is recognized in the Philippines through sec. 2, Art. II of the

Constitution as the Philippines “adopts the generally accepted principles of
international law as part of the law of the land.” Rules of international law
are given equal standing with, but are not superior to, national legislative
enactments. Thus, the Constitution as the highest law of the land may
invalidate a treaty in conflict with it. (Sec. of Justice vs. Hon. Lantion)

Doctrine of Transformation - International law is not per se binding upon

the State. Such must first be embodied in legislation enacted by the law-
making body and so transformed into municipal law. Only when so
transformed will the international law become binding upon the State as part
of its municipal law.

This doctrine is found in the Philippines through the Treaty Clause, Sec. 21,
Art. VII of the Constitution. No treaty or international agreement shall be
valid and effective unless concurred in by at least 2/3 of all the members of
the Senate.

Doctrine of Qualified Immunity - Immunity is granted to foreign states

only in respect of their governmental acts (acts jure imperii), not in respect
of their commercial acts (acts jure gestionis). For acts jure gestionis, a
foreign state may be sued in the national court of another state. The
Philippines adheres to the doctrine of qualified immunity, both as a principle
of international law incorporated as Philippine law, and as an adjunct of the
principle of state immunity from suit.

Doctrine of Effective Nationality - expressed in Art. 5, of the Hague

Convention of 1930 on the Conflict of Nationality Laws as follows:

“Art.5. Within a third State, a person having more than one nationality shall
be treated as if he had only one. Without prejudice to the application of its
law in matters of personal status and of any convention in force, a third
State shall, of the nationalities which any such person possesses, recognize
exclusively in its territory either the nationality of the country with which in
the circumstances he appears to be in fact most closely connected.”

Pacta Sunt Servanda - Every treaty in force is binding upon the parties
and must be performed by them in good faith. This applies despite hardships
on the contracting State, such as conflict between the treaty and its
Constitution.

Rebus Sic Stantibus - A party is not bound to perform a treaty if there has
been a fundamental change of circumstances since the treaty was
concluded. It has been described as the exception to the rule on pacta sunt
servanda. The principle justifies the non-performance of a treaty obligation if
the subsequent condition in relation to which the parties contracted has
changed so materially and unexpectedly as to create a situation in which the
exaction of performance would be unreasonable.

Rebus Sic Stantibus may not be invoked as a ground for terminating or

withdrawing from a treaty: (1) if the treaty establishes a boundary; (2) if
the “fundamental change” is the result of a breach by the party invoking it,
of an obligation under a treaty or of any other obligation owed to any party
to the treaty.

Grotius Doctrine of Immemorial Prescription - Territory may also be

acquired through continuous and uninterrupted possession over a long
period of time. In international law, however, there is no rule of thumb as to
the length of time needed for the acquisition of territory through
prescription. In this connection, consider the Grotius Doctrine of Immemorial
Prescription, which speaks of uninterrupted possession going beyond
memory. (Nachura, p. 479)

Principle of AUTO-LIMITATION - “It is to be admitted that any state may,

by its consent, express or implied, submit to a restriction of its sovereign
rights. There may thus be a curtailment of what otherwise is a power
plenary in character. That is the concept of sovereignty as auto-limitation,
which, in the succinct language of Jellinek, ‘‘is the property of a state-force
due to which it has the exclusive capacity of legal self-determination and
self-restriction.’’ (Reagan v. CIR, 30 SCRA 973)