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No.4-SEPARATION OF POWERS
No.4-SEPARATION OF POWERS
SEPARATION OF POWERS
DOCTRINE OF STATE IMMUNITY
Under this doctrine, the State cannot be
sued without its consent. (Sec. 3, Art.
XVI, 1987 Constitution). It reflects
nothing
less than recognition of the sovereign
character of the State and an express
affirmation of the unwritten rule
effectively
insulating it from the jurisdiction of
courts. It is based on the very essence of
sovereignty. (Department of Agriculture
v.
NLRC, G.R. No. 104269, November 11,
1993)
There can be no legal right against the
authority which makes the law on which
the right depends (Republic vs. Villasor,
GRN
L‐30671, November 28, 1973).
However, it may be sued if it gives
consent, whether express or implied.
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absolute.
Not all contracts entered into by the
government operate as a waiver of its
nonsuability. Distinction must still be
made
between one which is executed in the
exercise of its sovereign function and
another which is done in its proprietary
capacity. A State may be said to have
descended to the level of an individual
and can this be deemed to have actually
given
its consent to be sued only when it enters
into business contracts. It does not apply
where the contract relates to the
exercise of its sovereign functions.
(Department of Agriculture vs. NLRC
G.R. No. 104269, November 11, 1993)
A suit considered as suit against the State
under the following instances:
1. When the Republic is sued by name;
2. When the suit is against an
unincorporated government agency;
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The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.
The Executive branch is composed of the President and the Vice President who are elected by
direct popular vote and serve a term of six years. The Constitution grants the President
authority to appoint his Cabinet. These departments form a large portion of the country’s
bureaucracy.
The Judicial branch holds the power to settle controversies involving rights that are legally
demandable and enforceable. This branch determines whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality
of the government. It is made up of a Supreme Court and lower courts.
The Constitution expressly grants the Supreme Court the power of Judicial Review as the
power to declare a treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation unconstitutional.
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