COMPARATIVE GOVERNMENT AND POLITICS

1ST TERM 2023-2024

Asynchronous Activity 1
December 4, 2023

By:

LALLEN B. QUISMUNDO, J.D

INSTRUCTIONS:

A. Make a case digest of the following Doctrines:

1. DOCTRINE OF PARENS PATRIAE

2. EXECUTIVE PRIVILEGE

B. Please see attached sample work for your format reference.

a. Font style – Times New

b. Font size - 12
c. Short Size bond paper

C. to be submitted on or before December 11, 2023, in our ePNU LMS

CASE DIGEST

1. DOCTRINE OF PARENS PATRIAE – government as guardian of the rights of the

people.
a. Ex. (Government of Philippine Islands v. El Monte Piedad)

2. EXECUTIVE PRIVILEGE. It is the power of the President to withhold

certain types of information from the public, the courts, and the Congress.
ART. VI Section 22. The heads of departments may, upon their own initiative,
with the consent of the President, or upon the request of either House, as the
rules of each House shall provide, appear before and be heard by such House
on any matter pertaining to their departments. Written questions shall be
submitted to the President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters
related thereto.
Sample work (Case digest)

EFFECTIVITY OF THE LAW

I. TITLE OF THE CASE

LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF

ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC.
[MABINI], petitioners,
vs.
HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON.
JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President,
MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office,
and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing,
respondents.

II. INTRODUCTION

a. Rationale
The key concern in this particular case revolves around the public's entitlement to access
information pertaining to matters that have an impact on them, such as the necessity for laws
to be properly published in the Official Gazette or adequately communicated. The petitioners
are seeking a writ of mandamus to compel the respondents, who are the officials involved in
this action, to publicly release a variety of presidential decrees, letters of instructions, general
orders, proclamations, executive orders, letters of implementation, and administrative orders.

b. Legal Basis
The petitioners draw on Section 6, Article IV of the 1973 Philippine Constitution, which
recognizes the inherent right of the people to be duly informed on matters of public concern.
The authors also highlight the importance of publishing laws in order to establish their
legality, as well as including measures regarding the disclosure of official government
documents.

III. DECIDED CASE

a. Facts of the Case

The petitioners seek the publication of numerous presidential issuances in the Official
Gazette. These issuances include presidential decrees, letters of instructions, general orders,
proclamations, executive orders, letters of implementation, and administrative orders.

b. Significance or Issues of the Case

The primary issue at hand pertains to the question of whether the petitioners had the requisite
jurisdiction to compel the defendants to disclose the presidential orders under consideration.
The respondents argue that the petitioners lack the necessary standing to begin this legal
proceeding.

c. Ruling of the Court

The petitioners were granted a favorable ruling by the Supreme Court, which acknowledged
their legal standing to initiate the lawsuit. The Court placed emphasis on the fact that the
petitioners are pursuing the enforcement of a public right, so negating the requirement for
them to establish a particular interest. The Court ruled that the publishing of presidential
issuances of general application is necessary to uphold the principles of due process, and that
these issuances will not be legally binding if they are not made available to the public. The
Court additionally examined the retrospective nullity of unpublished issuances and offered
elaboration on the impact of the decision on previously implemented presidential decrees.

IV. GLOSSARY OF TERMS

∙ Mandamus: A writ issued by a court to compel a public official or lower court to

perform a specific duty required by law.

∙ Official Gazette: The official government publication in which laws, regulations, and
other official announcements are published.

∙ Public Right: A legal interest held by the general public rather than an individual or
specific group.

∙ Due Process: The legal requirement that the government must respect all legal rights
owed to a person.

V. REFERENCES

∙ https://lawphil.net/judjuris/juri1985/apr1985/gr_l63915_1985.html

∙ Article 2 of the Civil Code

∙ Section 6, Article IV of the 1973 Philippine Constitution