STATE
For diversion of public funds may paralyze
- Community of persons, more or less numerous,
permanently occupying a fixed territory and
possessed of an independent government
established for political ends, and to which the
great body of its inhabitants render habitual
obedience
ELEMENTS OF THE STATE
1. People – inhabitants of the state, no legal
requirements as to its number but it must be
large enough to be self-sufficing and defend
itself and small enough to be easily
administered and sustained. It must be
composed of opposite sex for procreation
2. Territory – fixed portion on the surface of the
earth inhabited by the people
3. Government – agency or instrumentality to
which the will of the people is formulated,
expressed and realized
4. Sovereignty – supreme and uncontrollable
power inherent in every state by which that
state is governed
STATE IMMUNITY
- The state cannot be sued without its consent.
The basis of which according to Justice Holmes
is that there can be no legal right against the
authority which makes the law and to which
that right is based. Also, under the rule “par in
parem non habet imperium” which means that
all states are sovereign equals and cannot
assert jurisdiction over one another
- The determination of the executive arm of the
government that a state is entitled to immunity
is a political question and conclusive upon the
courts. It is the duty of the courts to accept
such claim as not to embarrass the executive
arm of the gov’t in conducting its foreign
relations
- The state may if it desires to divest itself of the
mantle of sovereign immunity and thereby
open itself to suit. The state may be sued if it
gives it consent. Such consent may be given
expressly or impliedly. Express consent is
manifested through a general or special law
while implied consent is given when the state
itself commences litigation or enters into a
contract. In the case of the latter, it is deemed
that the state descended to the level of an
ordinary individual. However, it is necessary to
distinguish between sovereign and
governmental acts (jure imperii) and private,
commercial and propriety acts (jure gestionis).
The restrictive theory now applies regarding
implied consent when gov’t enters into a
contract. There is implied consent to be sued
only with regards to acts jure gestionis. State is
entitled immunity to acts jure imperii.
- If there is consent to be sued, it does not mean
that there is also consent to the execution of
judgment against it. Another waiver is needed.
Public funds cannot be the object of
garnishment proceedings. Necessary
appropriation must be done are required by
law.
the operations of the government.
DOCTRINE OF INCORPORATION
- By reason of the Philippines membership in the
family of nations, the generally accepted
principles of international law are considered
automatically part of its own laws. This is
consistent with Section 2 of Art.2. Moreover,
under the rule of pacta sunt servanda,
international agreements must be observed in
good faith
DOCTRINE OF SEPARATION OF POWERS
- This is intended to prevent concentration of
authority in one person. In the words of Justice
Laurel, the purpose of such doctrine is to
secure action, forestall inaction, prevent
despotism and obtain efficiency.
CHECKS AND BALANCES
- One department is allowed to resist
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by the
other departments
POLITICAL QUESTIONS
- Those questions under the Constitution are to
be decided by the people in their sovereign
capacity and those in regard to which full
discretionary authority is delegated to the
executive and legislative branch of
government. It is concerned with issues
dependent upon the wisdom and not the
legality of a the issue
- However, under the new consti, the scope of
the political questions appears to have been
considerably constricted. The power of the
courts now includes the duty to determine
WON there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction..
DELEGATION OF POWERS
- Potestas delegata non delegari potest – what
has been delegated cannot be delegated
REFERENDUM
- Method of submitting an important legislative
measure to a direct vote of the whole people
PLEBISCITE
- Device to obtain a direct popular vote on a
matter of political importance
LOCAL GOVERNMENTS
- The territorial and political subdivisions of the
RP are the provinces, cities, municipalities and
baranggays. There shall be autonomous
regions in Muslim Mindanao and the cordilleras
- Various arms which political authority is made
effective.
NON-LEGISLATIVE POWERS OF CONGRESS
- Canvass presidential elections
- Declare existence of state of war
- Give concurrence to amnesties and treaties
- Propose constitutional amendments
- Impeach