Ryan Menor

REVIEWER a. Philippine territory consists of:

Reference: Philippine Political Law by Isagani Cruz o The Philippine archipelago; and all territories over which the
Philippines
I. INTRODUCTION: THE CONSTITUTION o has sovereignty or jurisdiction

Political Law o The Archipelagic Doctrine: Bodies of water within the baseline,

1. Definition: It is a branch of public law which deals with the regardless

organization and operation of the government organs of the state and defines o of breadth, form part of the archipelago and are considered as

the relations of the state with the inhabitants of its territory. internal
o waters.

II. THE CONSTITUTION OF THE PHILIPPINES 3. Government - agency/ instrumentality through which the will of the State is
formulated,
o Commonwealth Law 1935
expressed, and realized
o Constitution of 1973 (Marcos)
o Constitution of 1987 (18 articles)
a. Functions
i. Constituent functions
III. CONCEPT OF THE STATE
- constitute the very bonds of society; compulsory
Definition: STATE = nation [is a community of persons, more or less
- keeping of order and providing protection
numerous, permanently occupying a fixed territory and possessed of an independent
- fixing of legal relations between man and wife, and
government organized for political ends to which the great body of inhabitants render
children
habitual obedience.]
- regulation of the holding, transmission and interchange
of property
ELEMENTS:
- define crime and punishment
1. People - inhabitants of the State
- regulates and determines contract between individuals
2. Territory - fixed portion of the surface of the earth inhabited by the people of
- dealings of state with foreign powers
the State
 ii. Ministrant functions the contrary appears from the context, the various arms through
-undertaken to advance the general interests of society; which political authority is made effective in the Philippines, whether
optional pertaining to autonomous regions, the provincial, city, municipal or
-public works barangay subdivisions or other form of local government.
-public education
-public charity e. Administration
-health and safety regulations -Is the group of persons in whose hands the reins of
- trade and industry government are for
the time being.
b. Doctrine of parens patriae -The administration runs the government.
Parens patriae is the task of the government to act as guardian of the -The administration is transitional whereas the government is
rights of permanent.
the people.
This prerogative of parens patriae is inherent in the supreme power of 4. Sovereignty - supreme and uncontrollable power inherent in a State by
every which that State is governed
state, whether that power is lodged in a royal person or in the legislature. Kinds:
Legal sovereignty - power to issue final commands
c. De jure and de facto governments Political sovereignty - power behind the legal sovereign, or
the sum total of the influences that operate upon it
Internal sovereignty - power to control domestic affairs
External sovereignty - power to direct relations with other states
Act of State
o Is an act done by the sovereign power of a country, or by its delegate, within
d. Government of the Philippines
the limits of the power vested in him.
The corporate governmental entity through which the functions of
o Cannot be questioned or made subject of legal proceedings in a court of law.
government are exercised throughout the Philippines, including, save as
IV. DOCTRINE OF STATE OF IMMUNITY
A. A suit is against the State regardless of who is named the defendant
If:
-it produces adverse consequences to the public treasury in
terms of disbursement of public funds and loss of government
property.
- cannot prosper unless the State has given its consent.
B. In the following cases, it was held that the suit is not against the State
If:
- when the purpose of the suit is to compel an officer charged with the
duty of making payments pursuant to an appropriation made by law in favor of the
plaintiff to make such payment, since the suit is intended to compel performance of a
ministerial duty.
- when from the allegations in the complaint, it is clear that the
respondent is a public officer sued in a private capacity;
- when the action is not in persona with the government as the
named defendant, but an action in rem that does not name the government in
particular.
Waiver of Immunity:
o “The royal prerogative of dishonesty”
o The state may, if it so desires, divest itself of its sovereign immunity and
thereby voluntarily open itself to suit.
Forms of Consent:
1. Express consent – either through a general law or a special law
2. Implied consent – is given when the state itself commences litigation or when
it enters into a contract
Suits Against Government Agencies
Where a suit is filed not against the government itself or its officials but
against one of its entities, it must be ascertained whether or not the State, as the
principal that may ultimately liable, has given its consent to be sued
Government Agency
o Incorporated – has a charter of its own that invests it with a separate juridical
personality (SSS, UP, CoM)
o Unincorporated – has no separate juridical personality but is merged in the
general machinery of the government (DOJ, BoM, GPO)
Exemption From Legal Requirements
When the State litigates, either directly or through its authorized officers, it is
not required to put up a bond for damages, or an appeal bond, since it can be
assumed that it is always solvent.
Suability vs. Liability
When the State allows itself to be sued, all it does in effect is to give the other
party an opportunity to prove, if it can, that the State is liable.