B.

Sovereignty

Define sovereignty.

Sovereignty is the supreme power and the absolute right of the State to govern.

It includes the power to (1) make laws and (2) enforce them.

Define imperium.

Imperium is the right of the State to pass and enact its own laws and employ force
for their obedience.

Define dominium.

Dominium is the right of the State to possess, use, conserve, dispose, sell, and
control all its territorial lands.

State the effect of change in sovereignty on the laws on the prior sovereign.

Political laws are abrogated (abolished) upon the change of sovereignty and are
automatically replaced by the political laws of the new sovereign.

Municipal laws, on the other hand, continue to be in force unless they are
inconsistent with the constitutional laws of the new sovereign.

State the effect on the law of treason in case of enemy occupation.

Political laws, except the law on treason, are suspended for the belligerent
occupiers but not to the civil inhabitants of the occupied territory.

Note: enemy occupation does NOT result in a change in sovereignty.

Define government. Define de jure government. Define de facto government.

Government – the institution by which society makes and carries out the rules that
enable man to live in a social state.

De jure government – a government established according to the Constitution of

the State.

De facto government – a government established by means of unlawfully

wresting possession and control from the legal government, thereby establishing
itself by force of arms against the will of the legal government.
State the doctrine of parens patriae.

The State, as father of the people, is obligated to minimize the risk of harm to
minors because they are not able to fully protect themselves.

What is an act of state?

It is the exercise by the State of its sovereign power which cannot be challenged,
controlled, or interfered by municipal courts.

It refers to the political acts of a state exercised in the prerogative by the political
departments hence, generally, not subject to judicial review.

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C. State immunity

General notes:

The State cannot be sued without its consent.

The State may give its consent to be sued expressly or impliedly.

Basis for non-suability – under the doctrine of the royal prerogative of dishonesty,
it is necessary for the State to be immune from suit because the loss of efficiency
caused by suing the State will impair its performance in carrying out its duties,
responsibilities, and functions to and for the public.

State how the State gives its express consent to be sued.

Express consent can only be given by an act of the legislative body, i.e. Congress
passes a law that allows a person to sue the State or an agency/instrumentality
thereof.

Exception: if the doctrine of state immunity is invoked to perpetrate an injustice,

the doctrine will not prevail. Hence, an action against the State to recover property
it expropriated without payment of just compensation will prosper even without its
consent.

State how the State gives its implied consent to be sued.

Implied consent is given when the State: (1) commences litigation, thereby
opening itself to a counter-claim; or (2) enters into a commercial contract in the
performance of a proprietary function.
Hence, if the State enters into a commercial contract but it is done in pursuit of a
mandatory/sovereign function, the State is deemed NOT to have given its implied
consent.

Define jus imperii.

Jus imperii is an act or transaction in pursuit of a sovereign activity, or an incident

thereof.

Define jus gestionis.

Jus gestionis is an act or transaction made in the ordinary course of business. It is

proprietaray in nature.

State the rule if a suit is made against an incorporated government agency.

If the charter of the incorporated government agency contains a provision that it

can “sue and be sued”, the suit will lie. Otherwise, it will not.

The charters of LGUs contain a provision that they “sue and be sued”. Hence,
LGUs can be held liable for a tort. However, note the ff:

(1) if the LGU is engaged in governmental functions when it committed the tort, it
will not be held liable for it; and

(2) if the LGU is engaged in proprietary functions when it committed the tort, it
will be liable for it.

State the rule if a suit is made against an unincorporated government agency.

An unincorporated government agency has no independent juridical personality

from the government and is presumed to enjoy immunity.

Accordingly, its liability from suit depends on its principal functions:

1. If it performs governmental functions, it may not be sued without its consent;

and

2. If it performs proprietary functions, suit will lie.

State the scope of the State’s consent to be sued.

The scope of the State’s consent does NOT include consent for judgment to be
executed to it.
Execution requires another waiver because: (1) the power of the court ends
judgment is rendered; and (2) government funds or properties may not be seized
under writs of execution or garnishment.

Exception: the rule that public funds cannot be garnished does not apply if the
funds levied for execution are already allocated by law.

State the rule if suit is made against a public officer. State (5) exceptions thereto.

The doctrine of state immunity applies to suits made against public officers,
provided the acts complained against them: (1) were performed in the discharge of
their official functions; and (2) fall within the scope of their authority.

Exceptions:

1. Suit to compel a public officer to perform that which he is required by law to

do;
2. Suit against a public officer who acted in bad faith or negligence;
3. Suit to restrain a public officer from performing an unconstitutional act;
4. Action to secure a judgment which the public officer can satisfy by himself
without needing the State to perform a positive act; and
5. Where the government itself violated its own laws.

Note: the unauthorized acts of government officials are NOT acts of the State.
Hence, a public officer may be sued and held personally liable for damages for the
unauthorized acts he commits.

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D. Separation of powers

State the doctrine of separation of powers. State the purpose thereof.

Under the doctrine of separation of powers, the three branches of government are
co-equal and co-important and one branch may not control or interfere with
another in the exercise of their function.

The purpose of this doctrine is to avoid the concentration of power in one branch.

State the principle of blending of powers.

Under the principle of blending of powers, the powers of government are not
exclusively confined in one branch but are assigned to and shared by several
departments.
Illustrations: (1) Congress passes bill and President signs it to law;
(2) President makes appointments and approved by the Commission on
Appointments; (3) President enters into a treaty, Senate ratifies it.

What is the role of the judiciary in settling violations of separation of powers?

The judiciary, through the exercise of judicial power, determines whether or not a
branch of government acted with grave abuse of discretion amounting to lack of or
excess of jurisdiction.

Note: when the court limits constitutional boundaries or invalidates the act of a
branch of government, it merely upholds the supremacy of the Constitution, i.e. the
Court does not assert its superiority over any other branch.

State the principle of comity,

Under the principle of comity, each branch voluntarily observes interdepartmental

courtesy their respective undertakings for the harmonious workings of government.

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