CONSTITUTIONAL LAW 1
What are the scope and limitations of taxation?
(1) Power to tax exists for the general welfare; should be exercised only for a public purpose (2) Might be justified as for public purpose even if the immediate beneficiaries are private individuals (3) Tax should not be confiscatory: If a tax measure is so unconscionable as to amount to confiscation of property, the Court will invalidate it. But invalidating a tax measure must be exercised with utmost caution, otherwise, the State's power to legislate for the public welfare might be seriously curtailed. (4) Taxes should be uniform and equitable [Sec. 28(1), Art. VI]
When is the doctrine of immunity inapplicable to Public officers?
(1) private and personal capacity as an ordinary citizen, (2) acts without authority or in excess of the powers vested in him [Lansang v. CA, G.R. No. 102667 (2000)].
What is checks and balances?
-to be filled-
In the case US V. Ruiz, what are the 2 theories of sovereign immunity?
1. Absolute Theory — A sovereign cannot, without its consent, be made a respondent in the courts of another sovereign. ○ This derives from the principle of sovereign equality found in Article 2(1) of the UN Charter as well as generally accepted principles of international law. 2. Restrictive Theory — The immunity of the sovereign is recognized only with regard to public acts or acts (jure imperii) of state, but not regard to private acts or acts (jure gestionis) The Philippines follows the restrictive theory.
What is the difference between action personam and action in rem?
1. Action in personam — the government as the named defendant. 2. Action in rem — does not name the government in particular.
Under existing PH laws, what are the 3 modes by which an alien may become a Filipino citizen?
1. Administrative naturalization pursuant to RA 9139; 2. Judicial naturalization pursuant to CA 437; and 3. Legislative naturalization in the form of a law enacted by Congress granting Philippine citizenship to an alien [So, v. Republic, GR No.170603, January 29, 2007].
What are the modes of aquiring citizenship?
1. By Birth a. Jus Soli — "right of soil;" person's nationality is based on place of birth; formerly effective in the Philippines [see Roa v. Collector of Customs, G.R. No. L-7011 (1912)]. b. b. Jus Sanguinis — "right of blood;" a person's nationality follows that of his natural parents. The Philippines currently adheres to this principle. 2. By Naturalization Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen.
Who can suggest change in the Constitution?
1. Congress (as a Constituent Assembly) - a vote of 3/4 of ALL its members. 2. Constitutional Convention - Called into existence by (i) 2/3 of all members of Congress OR (ii) the electorate, in a referendum called for by a majority of all members of Congress [Sec. 3, Art. XVII] 3. People (through a People's Initiative) - petition of at least 12% of the total number of registered voters; every legislative district must be represented by at least 3% of the registered voters therein
What are the parts of the Constitution?
1. Constitution of Government: establishes the structure of government, its branches and their operation; e.g. Art. VI, VII, VIII, IX 2. Constitution of Sovereignty: Provides how the Constitution may be changed; i.e. Art. XVII 3. Constitution of Liberty: states the fundamental rights of the people; e.g. Art. III [Lambino v. COMELEC, G.R. No. 174153. October 25, 2006]
What are the exceptions to the general rule that only Congress may exercise legislative power?
1. Delegated legislative power to local governments 2. Constitutionally-granted exceptions Example: Emergency power delegated to the Executive during State of War or National Emergency 3. Certain Taxing/tarrif powers - The Congress may authorize the president within specified limits 4. The extent reserved to the people by the provision on initiative and referendum.
What are the 2 kinds of consent to be sued?
1. Express Consent Effected only by the will of the legislature through the medium of a duly enacted statute; may be embodied either in a general law or a special law. 2. Implied consent a. In instances when the State takes private property for public use or purpose (eminent domain) b. When the State enters into a business contract (in jure gestionis or proprietary functions) c. When it would be inequitable for the State to invoke its immunity. d. If the government files a complaint, the defendant may file a counterclaim against it. When the state files a complaint, suability will result only where the government is claiming affirmative relief from the defendant.
When is a suit against the State?
1. If it produces adverse consequences to public treasury in terms of disbursement as well as loss of government property, regardless of the defense; 2. When the Republic is sued in its name; 3. When the suit is against an unincorporated government agency; and 4. Even when the suit, on its face, is against an officer but liability will belong to/fall on the government.
What is Constitution?
1. It is the document which serves as the fundamental law of the state; that written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise, for the benefit of the body politic [MALCOLM, Phil. Constitutional Law]. 2. "A law for the government, safeguarding individual rights, set down in writing" [Hamilton]. 3. A written instrument by which the fundamental power of the Government is established, limited, and defined and by which these powers are distributed among the several branches for their safe and useful exercise for the benefit of the people [De Leon].
What are the wo kinds of sovereignty?
1. Legal Sovereignty — authority which has the power to issue final commands 2. Political Sovereignty — power behind the legal sovereign, or the sum total of all the influences that operate upon it Can also be: 1. Internal Sovereignty — refers to the power of the state to control its domestic or internal affairs 2. External Sovereignty — the power of the State to direct its relations with other states, also known as independence
What are the classifications of citizens?
1. Natural-born citizens 2. Naturalized citizens
What are the requisites of valid exercise of eminent domain?
1. Necessity 2. Private Property 3. Public Use 4. Taking 5. Just Compensation 6. Due Process
What are the two theories of state immunity based from jurisprudence?
1. Positivist Theory - There can be no legal right as against the authority that makes the laws on which the right depends. Also called the doctrine of Royal Prerogative of Dishonesty. [Department of Agriculture v. NLRC, G.R. No. 104269 (1993)] 2. Sociological Theory - If the State is amenable to suits, all its time would be spent defending itself from suits and this would prevent it from performing its other functions [Republic v. Villasor, G.R. No. L- 30671 (1973)].
What is eminent domain?
1. The right of eminent domain is the ultimate right of the sovereign power to appropriate, not only the public but the private property of all citizens within the territorial sovereignty, to public purpose [Republic v. Heirs of Borbon, G.R. No. 165354 (2015)]. 2. The power of eminent domain is the inherent right of the State to condemn private property to public use upon payment of just compensation. It is well settled that eminent domain is an inherent power of the State that need not be granted even by the fundamental law. Sec. 9, Art. III merely imposes a limit on the government's exercise of this power [Republic v. Tagle, G.R. No. 129079 (1998)].
When can the state or public officer be sued even ewithout prior consent?
1. To compel the State or public officer to do an act required by law; 2. To restrain the State or public officer from enforcing an act claimed to be unconstitutional 3. To compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fund already available for the purpose; 4. To secure a judgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist him; 5. Where the government itself has violated its own laws [Sanders v. Veridiano II, G.R. No. L-46930 (1988)].
What are the purposes of taxation?
1. To raise revenue 2. Tool for regulation 3. Protection/power to keep alive
When is a suit NOT against the State?
1. When suits engage in matters partaking more of the nature of ordinary businessrather than functions of a governmental or political character; 2. 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 [Begosa v. Philippine Veterans Association, G.R. No. L-25916(1970)]; 3. When, from the allegations in the complaint, it is clear that the respondent is a public officer sued in a private capacity; 4. When the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular.
What is the heirarchy of rights?
1. life 2. liberty 3. property
What are the paramount considerations of the State in relation to the other states?
1. national sovereignty 2. territorial integrity 3. national interest, and 4. the right to self-determination
What is the exclusive economic zone (EEZ) of a country according to UNCLOS?
200 nautical miles from baselines
What is the Archipelagic Doctrine?
A body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. [N.B. Embodied in Art. I, specifically by the mention of the "Philippine archipelago" and the specification on "internal waters."].
What is Constitutional Law?
A branch of jurisprudence which treats of Constitutions, their nature, formation and amendment, operation and interpretation [De Leon, Philippine Constitutional Law, Volume I [2017]]. This is the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases. It is the study of the maintenance of the proper balance between the authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights.
What does revision mean?
A change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and- balances; alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution [Id.].
What is a state?
A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience; a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law [Collector of Internal Revenue v. Campos Rueda, G.R. No. 13250 (1971)].
What does the doctrine of public submission mean?
A plebiscite may be held on the same day as a regular election [Gonzales v. COMELEC, G.R. No. L-28196 (1967)]. The entire Constitution must be submitted for ratification at one plebiscite only. The people must have a proper "frame of reference" [J. Barredo's Dissent in Tolentino v. COMELEC, G.R. No. L-34150 (1971)]. No "piecemeal submission" is allowed e.g. submission of age amendment ahead of other proposed amendments [Lambino v. COMELEC, supra].
What is the Political Question Doctrine and how does it differ from Justiciable Question?
A question of which a resolution has been vested by the Constitution exclusively in the people, or in which full discretionary authority has been delegated to a co-equal branch of the government (separation of powers) cannot be decided upon by the Courts. This is as opposed to a justiciable question which deals with matters re: the law and its interpretation, not left to the wisdom of the people.
What is the general rule on suits against the state?
A suit against the state will only prosper if the state gives its express consent.
Who are natural-born citizens?
A. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship [Sec. 1(1) and Sec. 1(2), Art. IV]; and B. Those who elect Philippine citizenship in accordance with Sec. 1(3), Art. IV
What are the 2 tests of valid exercise of police power?
A. Means Purpose Test 1. Lawful Subject - the interests of the public, generally, as distinguished from those of a particular class, require such interference and that the subject of the measure is within the scope of the police power [Ichong v. Hernandez, supra]. 2. Lawful Means - the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals [National Development Company v. Philippine Veterans Bank, G.R. No. 84132- 33 (1990)] B. Reasonability Test The limit to police power is reasonability. The Court looks at the test of reasonability to decide whether it encroaches on the right of an individual. So long as legitimate means can reasonably lead to create that end, it is reasonable [Morfe v. Mutuc, G.R. No. L-20387, (1968)].
Does People's initiative apply to both revision and amendatory process?
Amendatory only. The process of revision is the same in all respects except that it cannot be proposed via a People's Initiative [See Lambino v. COMELEC, supra].
What does amendment mean?
An addition or change within the lines of the original constitution as will effect an improvement, or better carry out the purpose for which it was framed; a change that adds, reduces or deletes without altering the basic principles involved; affects only the specific provision being amended [Lambino v. COMELEC, supra].
What are regine of islands?
Any natural formed area of land surrounded by waters from the territorial waters of an archipelago.
Who are citizens of the Philippines?
Art. IV, Sec. 1. The following are citizens of the Philippines: 1. Those who are citizens of the Philippines at the time of the adoption of the Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance with law.
What are the composition, qualifications, term of office, and term limits of a member of the Senate?
COMPOSITION: 24 senators elected at large QUALIFICATIONS: a. Natural-born citizen b. At least 35 years old on the day of the election c. Able to read and write d. A registered voter e. Resident of the Philippines for at least 2 years immediately preceding the day of the election TERM OF OFFCE: 6 years TERM LIMITS: 2 consecutive terms
What does "conflicting provisions harmonized" mean?
Conflicting provisions harmonized — If there is conflict between a general and a specific provision, the special provisions must prevail since it will be considered as a limitation on the general rule. Where one provision cannot be considered an exception to another, and there is conflict, the last in order of time and local position is deemed the latest expression of the will of the people.
What does "Ut Res Magis Valeat Quam Pereat" mean?
Construction as a whole [Ut Res Magis Valeat Quam Pereat] — If there is repugnance, Courts must harmonize them. This is on the theory that the document was prepared and intended as a consistent whole.
Dual citizenship v. dual allegiance
Dual citizenship arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states. For instance, such a situation may arise when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. Dual allegiance on the other hand, refers to a situation in which a person simultaneously owes, by some positive acts, loyalty to two or more states. While dual citizenship is voluntary, dual allegiance is the result of an individual's volition [Mercado v. Manzano, 307 SCRA 630, May 29, 1999].
What are the exceptions to the general rule of state immunity?
EXPRESS a. Through general law; or b. Through special law IMPLIED a. When the State enter into business contracts with individuals (performing proprietary functions); b. When the State commences litigation and becomes vulnerable to counterclaim; c. When it would be inequitable for the State to invoke immunity; and d. In eminent domain cases.
What does it mean when the Constitution should be interpreted as "every part must be given effect"?
Every part must be given effect — Court should avoid construction which renders any provision meaningless or inoperative and must lean in favor of construction rather than idle/nugatory.
How is just compensation computed?
General Rule: Computed at the time of the filing of the complaint for expropriation (Sec. 4, Rule 67, ROC) Exception: At the time of taking, when taking precedes filing of the complaint. It is also important to note that inflation will not be considered in determining what the value is [Nepomuceno v CA, G.R. No. 166246 (2008)].
Who may exercise legislative power?
General Rule: Congress only. Exceptions (PLATE): 1. Delegation to the People (by initiative and referendum) 2. Delegation to the Local governments 3. Delegation to the Administrative bodies 4. Delegation of Tariff powers to the President under Constitution 5. Delegation of Emergency powers to the President under Constitution
What is the general rule and exception regarding expatriation?
General Rule: Expatriation is a constitutional right. No one can be compelled to remain a Filipino if he does not want to [Go Julian v. Government, G.R. No. 20809 (1923)]. Exception: A Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country [C.A. 63, sec. 1(3)].
Who may exercise eminent domain?
Generally: Legislature Delegated (thru charter): 1. LGUs 2. Other government entities The repository of eminent domain powers is the legislature, i.e. exercised through the enactment of laws. But power may be delegated to LGUs and other government entities (via charter); still, the delegation must be by law [Manapat v. CA, G.R. No. 110478 (2007)].
Who may exercise police power?
Generally: Legislature Delegated: 1. President 2. Administrative body 3. Law-making bodies of LGUs
What does Ratio Legis Est Anima mean?
In case of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers [Ratio Legis Est Anima] — Intent must be gathered from the letter and spirit of the document.
What is Political Law?
It is a branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory [People v. Perfecto, 43 Phil 88 (1922)].
What is police power?
It is the inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society. [Ermita-Malate Hotel and Motel Operators Association, Inc. v. Mayor of Manila, G.R. No. L-24693 (1967)] The police power of the state is a power coextensive with self-protection, and is not inaptly termed the "law of the overruling necessity" [Rubi v. Provincial Board of Mindoro, G.R. No. L-14078 (1919)] Police power, while incapable of an exact definition, has been purposely veiled in general terms to underscore its comprehensiveness to meet all exigencies and provide enough room for an efficient and flexible response as the conditions warrant" [White Light Corporatio
What does taxation mean?
It is the power by which the State raises revenue to defray the necessary expenses of the Government. It is the enforced proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for the support of the government and for all public needs.
Can we presume loss of citizenship?
Loss of Philippine citizenship cannot be presumed. Considering the fact that admittedly, Osmeña was both a Filipino and an American, the mere fact that he has a certificate stating that he is an American does not mean that he is not still a Filipino, since there has been NO EXPRESS renunciation of his Philippine citizenship [Aznar v. COMELEC, G.R. No. 83820(1995)].
Can dual citizens run for any elective local position?
NO. "Dual citizens" are disqualified from running for any elective local position [Sec. 40(d), Local Government Code]; this should be read as referring to "dual allegiance." Once a candidate files his candidacy, he is deemed to have renounced his foreign citizenship in case of dual citizenship [Mercado v. Manzano, G.R. No. 135083(1999)]. Consequently, persons with mere dual citizenship do not fall under this disqualification. For candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states.
Can the State be estopped by the mistakes and errors of its officials?
NO. An exception to this rule: Estoppel may not be invoked where they would operate to defeat the effective operation of a policy adopted to protect the public, or in those special cases where the interest of justice clearly required it. Example: Respondent had already acquired a vested right on the tax classification of its San Mig Light as a new brand. To allow petitioner to change its position will result in deficiency assessments in substantial amounts against respondent to the latter's prejudice [Commissioner of Internal Revenue v. San Miguel Corporation, G.R. Nos. 205045 & 205723 (2017)].
Does suability means liability of the State?
NO. Consent to be sued is not a concession of liability: Suability depends on the consent of the state to be sued, and liability on the applicable law and the established facts. The circumstance that a state is suable does not necessarily mean that it is liable, but it can never be held liable if it does not first consent to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove that it is liable [United States of America v. Guinto, 182 SCRA 644 (1990)].
In the case of Imbong v Ochoa, was the RH Law unconstitutional?
NO. The State, as parens patriae, has an inherent right to aid parents in the moral development of the youth. Hence, the provision in the RH Law mandating the teaching of age- and development- appropriate reproductive health education is not per se unconstitutional; a ruling on its constitutionality would be premature absent an actual curriculum formulated by the Dept. of Education [Imbong v. Ochoa, G.R. No. 204819, Apr. 8, 2014, on the constitutionality of the RH Law].
Is absolute renunciation required in RA 9225?
NO. The required oath of allegiance does not contain the usual renunciation of allegiance to any and all other states, thereby impliedly allowing continued allegiance to the adopted state. The usual absolute renunciation is, however, required from those seeking public elective office or appointed to public office in the Philippines.
Is tax exemption a right?
NO. There is no vested right in a tax exemption. Being a mere statutory privilege, a tax exemption may be modified or withdrawn at will by the granting authority [Republic v. Caguioa, G.R. No. 168584 (2007)].
When can there be tax exemption?
No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress [Sec. 28 (4), Art. VI].
Is the determination of just compensation an executive function?
No, it is a judicial function. The executive or legislature may make the initial determination but when a party claims a violation in the Bill of Rights, no statute, decree, or executive order can mandate that its own determination shall prevail over the court's mandate [EPZA v. Dulay, G.R. No. L-59603, (1987)]
What are the generally-accepted principles of international law?
Norms of general or customary international law which are binding on all states, i.e, 1. Renunciation of war as an instrument of national policy, 2. The principle of sovereign immunity, 3. A person's right to life, liberty and due process, and 4. Pacta sunt servanda (international agreements must be performed in good faith)
What is the naturalization?
Process by which a foreigner is adopted by the country and clothed with the privileges of a native-born citizen. The applicant must prove that he has all of the qualifications and none of the disqualifications for citizenship. Naturalization is never final and may be revoked if one commits acts of moral turpitude [Republic v. Guy (1982)].
How does derivative naturalization spply to minors?
Pursuant to the principle of derivative naturalization, Section 15 of CA 437, extends the grant of Philippine citizenship to the minor childrterm-83en of those naturalized thereunder. The following are requisites should be applied to the minor children in order to be entitled to Philippine citizenship: 1. They are legitimate children of petitioner 2. They were born in the Philippines, and 3. They were still minors when petitioner was naturalized as Filipino citizen [Tan Co v. Civil Register of Manila, 423 SCRA 665].
What are the 2-part test of the Constitution according to Lambino v. COMELEC case?
Quantitative test: The court examines only the number of provisions affected and does not consider the degree of the change. Qualitative test: The court inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will "accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision." The changes include those to the "fundamental framework or the fundamental powers of its Branches," and those that "jeopardize the traditional form of government and the system of check and balances." Whether there is an alteration in the structure of government is a proper subject of inquiry [Lambino v. COMELEC, supra].
What is RA 9139 (administrative naturalization)?
RA 9139 is an act providing for the acquisition of Philippine citizenship for 1) aliens born in the Philippines and 2) residing therein since birth by administrative naturalization subject to certain requirements dictated by national security and interest. RA 9139 was enacted as a remedial measure intended to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging. It also addresses the concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice their profession, thus promoting "brain drain for the Philippines [So v. Republic, supra].
What is repatriation?
Repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-born Filipino [Bengson III v. HRET, et. al. GR No. 142840, May 7, 2001].
What is the difference between revision and amendment of the constitution?
Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended [Id.]. This distinction is significant because the 1987 Constitution allows people's initiative only for the purpose of amending, not revising, the Constitution [See Lambino v. COMELEC, supra].
What are the tests for valid delegation?
Rule: There is a valid delegation of legislative power when it passes the following tests - a. Completeness test: The law sets forth the policy to be executed, carried out, or implemented by the delegate (Abakada, supra), such that there is nothing left for the delegate to do but to enforce the law [Pelaez v. Auditor General, G.R. No. L- 23825(1965)]; and b. Sufficient Standard Test: The standard is sufficient if it defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances under which the legislative command is to be effected [Edu v. Ericta, G.R. No. L-32096 (1970)]. The standard must specify the limits of the delegates authority, announce the legislative policy and identify the conditions under which it is to be implemented, e.g.: a. Public interest b. Justice and equity c. Simplicity, sufficiency, and economy
What are the tests for valid delegation of legislative power?
Rule: There is a valid delegation of legislative power when it passes the following tests: a. Completeness test: The law sets forth the policy to be executed, carried out, or implemented by the delegate [Abakada, supra], such that there is nothing left for the delegate to do but to enforce the law [Pelaez v. Auditor General, G.R. No. L-23825(1965)]; and b. Sufficient Standard Test: The standard defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances under which the legislative command is to be effected [Edu v. Ericta, G.R. No. L-32096 (1970)].
What is the Theory of Separation of Powers?
Separation of powers is a fundamental principle in our system of government and is founded on the belief that, by establishing equilibrium among the three (3) power holders, harmony will result and power will not be concentrated and tyranny will be avoided [Bernas]. Ordains that each of the 3 branches of government has exclusive cognizance of and is supreme in matters falling within its constitutionally allocated sphere; each branch cannot invade the domain of others. Powers of the government are separated to avoid concentration of powers in any one branch [Gatmaytan]. Any system that is violative of the principle of separation of powers is unconstitutional and void [See Belgica v. Ochoa on the unconstitutionality of the PDAF].
What does sovereignty mean?
Sovereignty is the supreme and uncontrollable power inherent in the State by which the state is governed.
What are the different kinds of jurisdiction?
Territorial Jurisdiction — authority of State to have all within its [territorial] bounds to be subject to control and protection. Personal Jurisdiction — authority of the state over all its nationals, their person, property, and acts, whether within or outside its territory Extraterritorial Jurisdiction — authority of state over persons, things, and acts outside of its territorial limits as it affects the people of the state
What is the date of the ratification of the 1987 Constitution?
The 1987 Constitution was ratified on February 2, 1987. It became effective on February 2, 1987, rather than on the date the proclamation of its ratification was promulgated (or on February 11, 1987). [De Leon v. Esguerra, G.R. No. 78059, August 31, 1987].
What does Supremacy of Constitution mean?
The Constitution is the fundamental law of the land to which every statute must conform; laws, statutes, or treaties may be nullified if in conflict with the Constitution [Gatmaytan, Legal Method Essentials 3.0 (2017)]. Branches of the government must discharge their functions within the limits of authority conferred by the Constitution; Courts have the duty to ensure this is so.
What does legislative power mean?
The authority under the constitution to make laws and to alter or repeal them.
What are the two elements for an international law to be binding and accepted?
The classical formulation in international law sees those customary rules accepted as binding result from the combination of two elements: 1. The established, widespread, and consistent practice on the part of States; and 2. A psychological element known as the opinion juris sive necessitates (opinion as to law or necessity) [Mijares v. Rañada, G.R. No. 139325 (2005)].
When does election of Filipino citizenship apply?
The constitutional and statutory requirements of electing Filipino citizenship apply only to legitimate children and not to one who was concededly an illegitimate child, as her Chinese father and Filipino mother were never married. Being an illegitimate child of a Filipino mother, respondent is a Filipino since birth, without having to elect Filipino citizenship when she reaches the age of majority [Republic v. Lim, 420 SCRA 123, GR No. 153883, January 13, 2004].
Official capacity v personal capacity in the non-suability of the state.
The doctrine of non-suability applies only in cases wherein the complaint is against officials of state for acts performed in discharge of duties or his official capacity. When officials abuse this authority gravely (like discriminatory behavior), this is no longer an official state act and the official may now be sued in his personal capacity [Shauf v. CA].
What is the definition of the Ph National Territory?
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. (Article I of the PH Terrot
What qualifications should a State possess as a person of international law?
The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states [Art. 1, Montevideo Convention].
When is there taking of property?
There is taking of property when the following are present [Republic v. Castellvi, G.R. No. L- 20620 (1974)]: 1. the expropriator must enter a private property 2. the entrance into private property must be for more than a momentary period 3. the entry into the property should be under warrant or color of legal authority 4. the property must be devoted to a public use 5. the utilization of the property ousts the owner and deprives him of all beneficial enjoyment of the property
Who are naturalized citizen?
Those who are natulazed by law.
When does an international law becomes part of the domestic law?
Under the 1987 Constitution, international law can become part of the sphere of domestic law either by transformation or incorporation. Transformation: Requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation. Incorporation: When, by mere constitutional declaration, international law is deemed to have the force of domestic law. [Pharmaceutical and Health Care Assoc. Of the Philippines v. Duque III, G.R. No. 173034 (2007)] Generally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty obligations.
What is derivative naturalization?
Under this provision, foreign women who are married to Philippine citizens may be deemed ipso facto Philippine citizens and it is neither necessary for them to prove that they possess other qualifications for naturalization at the time of their marriage nor do they have to submit themselves to judicial naturalization [Republic v. Batuigas, G.R. No. 183110 (2013)]. Pursuant to the principle of derivative naturalization, Section 15 of CA 437, extends the grant of Philippine citizenship to the minor children of those naturalized thereunder.
What does "delegata potestas non potest delegary" mean?
What has been delegated can no longer be delegated.
What does the Doctrine of Necessary Implication mean?
Whatever is necessary to render effective a provision, whether a grant of power of right or prohibition or a restriction, must be deemed implied or intended in the provision itself [Nitafan v. COMELEC, Gatmaytan].
When is there scope beyond the authority? - an exception to state immunity
When officials, while discharging their official functions, commit acts that are beyond their scope of authority (i.e. police forces firing upon civilians and killing them, mistakenly believing they were Communists), they will be liable in their personally capacity and thus will not be covered by state immunity [Republic v. Sandoval].
What does waiver of immunity means?
When the State expressly states their consent to be sued through legislation (including treaties), it waives its immunity from suit. However, this waiver of immunity may be limited to certain legal actions (i.e. under the VFA, there is a waiver of immunity by the US under criminal jurisdictio, but not to civil actions)
What does verba legis means?
Words given their ordinary meaning [Verba Legis] —✮ Then there is no occasion for resource to other means of interpretation. It is presumed that words in construction have been carefully selected to give a definite meaning and the framers and the people adopting it intended what they said.
Do the Filipino people have legislative power?
YES. People's Initiative on Statutes Legislative power is also vested in the people by the system of initiative and referendum [Sec. 1, Art. VI]. The power of initiative and referendum is the power of the people directly to "propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body" [Sec. 32, Art. VI]. The provision is not self-executing [Defensor-Santiago v. COMELEC, G.R. No. 127325 (1997)].
Are foundlings natural-born citizens?
Yes. As a matter of law, foundlings are, as a class, natural-born citizens. The presumption of natural-born citizenship of foundlings stems from the presumption that their parents are nationals of the Philippines. While the 1935 Constitution's enumeration is silent as to foundlings, there is no restrictive language which would definitely exclude foundlings either. No such intent or language permits discrimination against foundlings. On the contrary, all three Constitutions (1935, 1973, 1987) guarantee the basic right to equal protection of the laws. All exhort the State to render social justice [Poe-Llamanzares v. COMELEC, G.R. No. 221697 (2016)].
What are the requirements of a valid odinance?
a. It must not CONTRAVENE the Constitution or any statute; b. It must not be UNFAIR or oppressive; c. It must not be PARTIAL or discriminatory; d. It must not PROHIBIT but may regulate trade; e. It must not be UNREASONABLE; f. It must be GENERAL and CONSISTENT with public policy [Magtajas v. Pryce Properties, G.R. No. 111097 (1994)].
What are examples of express consent to be sued?
a. Money claims arising from contract express or implied Act No. 3083: An Act Defining the Conditions under which the Government of the Philippines may be sued. b. Torts 1. Liability of local government units 2. Vicarious liability for special agents 3. Liability under the Local Government Code 4. Local government units and their officials are not exempt from liability for death or injury to persons or damage to property [Sec. 24, LGC].
What are the modes of reaquiring citizenship?
a. Naturalization [C.A. 63 and C.A. 473] Now an abbreviated process, no need to wait for 3 years (1 year for declaration of intent, and 2 years for the judgment to become executory) Requirements: 1. be 21 years of age 2. be a resident for 6 months 3. have good moral character 4. have no disqualification b. b. Repatriation Repatriation results in the recovery of the original nationality. Therefore, if he is a naturalborn citizen before he lost his citizenship, he will be restored to his former status as a natural-born Filipino [Bengson III v. HRET, G.R. No. 142840 (2001)]. Mere filing of certificate of candidacy is not a sufficient act of repatriation. Repatriation requires an express and equivocal act [Frivaldo v. COMELEC, G.R. No. 120295(1989)]. In the absence of any official action or approval by proper authorities, a mere application for repatriation does not, and cannot, amount to an automatic reacquisition of the applicant's Philippine citizenship [Labo v. COMELEC, G.R. No, 86564 (1989)]. c. Legislative Act: Both a mode of acquiring and reacquiring citizenship Example: RA 9225 - CITIZENSHIP RETENTION AND REACQUISITION ACT OF 2003
What are the grounds of loss of citizenship?
a. Naturalization in a foreign country [C.A. 63, sec.1(1)]; b. Express renunciation or expatriation [Sec.1(2), CA 63]; c. Taking an oath of allegiance to another country upon reaching the age of majority; d. Marriage by a Filipino woman to an alien, if by the laws of her husband's country, she becomes a citizen thereof. (Now qualified by Art. IV, Sec. 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.) e. Accepting a commission and serving in the armed forces of another country, unless there is an offensive/defensive pact with the country, or it maintains armed forces in RP with RP's consent; f. Denaturalization (The court, upon its discretion, may cancel certificate of naturalization subsequent to the requirements provided. This is because naturalization is not a natural right but a political privilege); g. Being found by final judgment to be a deserter of the AFP.
What are the 2 steps in the Amendatory process?
a. Proposal: This refers to the adoption of the suggested change in the Constitution. b. Ratification: The Proposed Amendments shall be submitted to the people and shall be deemed ratified by the majority of the votes cast in a plebiscite, held not earlier than 60 days nor later than 90 days: 1. After approval of the proposal by Congress or ConCon; 2. After certification by the COMELEC of sufficiency of petition of the people.
What are the roles of the Armend Forces?
a. Protector of the people and the State b. Secure the sovereignty of the State and the integrity of the national territory
What are the requisites of taxation?
a. Uniform and Equitable Taxes should be (a) uniform (persons or things belonging to the same class shall be taxed at the same rate) and (b) equitable (taxes should be apportioned among the people according to their ability to pay) b. Progressive system of taxation The rate increases as the tax base increases, with social justice as basis (Taxation here is an instrument for a more equitable distribution of wealth). c. Delegated tax legislation Congress may delegate law-making authority when the Constitution itself specifically authorizes it.
What are the limitations of the Poeple's initiative in the amendatory process?
i. Limitation on Initiative: No amendment in this manner shall be authorized (1) within 5 years following the ratification of the 1987 Const. nor (2) more often than once every 5 years thereafter. ii. Enabling Law: Constitutional provision on amendments via People's Initiative are not selfexecutory [Defensor- Santiago v. COMELEC, 270 SCRA 170 (1997)]