POLITICAL LAW

Branch of the public law which deals with the organization and operations of
the governmental organs of the State & defines the relations of the State with
the inhabitants of its territory.

DOCTRINE OF CONSTITUTIONAL SUPREMACY

under this doctrine, if a law or contract violates any norm of the Constitution,
that law or contract whether promulgated by the legislative or by the
executive branch or entered into by private persons for private purposes,
is null and void & without any force and effect. Thus, since the Constitution
is the fundamental, paramount and supreme law of the nation, it is deemed
written in every statute & contract.

HOW SHOULD THE CONSTITUTION BE INTERPRETED?

it should be interpreted in the way that the Framers meant it to be read.
If the Court simply decides that the Constitutions meaning has changed,
it is a much less democratic process than changing it through the
ammendment process. Judge should be restrained, not activist.

STATE
(PERSON) community of persons more or less numerous,
(TERRITORY) occupying a definite portion of territory,
(GOVERNMENT) having a government of their own,
(SOVEREIGNITY) to which the body of inhabitance render obedience
and enjoying freedom from external control.

>State is legal or juristic concept while nation is an ethnic or racial concept.

>Government is merely an instrumentality of the State through which the
will of State is formulated, expressed and realized.
>Government is to promote the welfare of the People

Archipelago Doctrine
" 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.
*** In case of doubt, the provisions should be considered self executing;
mandatory rather than directory; and prospective rather than retroactive.

De jure government has rightful title but no power or control, either because
withdrawn from it or it has not yet actually entered int the exercise
De facto government of fact, actually exercises power or control but without
 legal title
Revolutionary Government (Corazon Aquino) Feb. 25, 1986
" the people have made the judgment; they have accepted the Government
of President Corazon C. Aquino which is in effective control of the entire
country so that is not merely a defacto government but in fact and law
a de jure government. Moreover, the community of nations has recognized
the legitimacy of the Aquino's government."

1. possession or control by force or by the voice of the majority, the rightful

legal government and maintains the will of the latter
2. established by the inhabitants of a territory who rise in insurrection against
the parent state
3. established and maintained by military forces who invade and occupy
a territoryof the enemy in a course of war
2 functions of government
1. Governmental/Constituent functions
mandatory to perform for it consitute the very bonds of society
such as peace and order, administration of Justice, regulation of property
and property rights
2. Proprietary/Ministrant functions
general interest of the society, such as public works, public charity,
promote the welfare, progress and prosterity of the people and optional
for the Government to perform

Doctrine of Parens Patriae

Parent of the people. Government may act as guardian of the
rights of the people who ma be disadvantage or handicapped.

Unitary vs Federal Government

UG is a single, centralized government, exercising powers over both the
internal and external affairs of the State while FG consists of state
(local) government units merged into a single State, with the National
Government exercising limited degree of power on the domestic affairs
and generally full on the external affairs of the State.

DOCTRINE OF STATE IMMUNITY

Constitution declares " The State may not be sued without its consent"
Sec.3 ART.XVI
BASIS 1. Impair its dignity
2. State is not capable of being wrong
3. Prejudicing the public welfare
4. Soveriegn equality of States ( par in parem non habet imperium)
5. Cannot assert jurisdiction over another (violates the international law)
 6. unduly vex the peace of nations

SUIT AGAINST GOVERNMENT AGENCIES

***General Rule identify first if its incorporated or unincorporated.

Incorporated has charter(created by law) of its own that invests it with separate
juridical personality like SSS, UP, & City of Manila
>when Municipal corporations are engaged in governmental functions they
should enjoy the sovereign immunity.However, their respective charters-
>can be sue and be sued
Unincorporated - no separate juridical personality but is merged in the general
machinery of the government like DOJ, DILG, DOT & etc.
>any suit filed against it necessarily an action against the Phil. Government
>suable if proprietary and not governmental based on primary functions

jure imperii - sovereign & governmental acts (State immunity)

jure gestiones - private, commercial & proprietary acts (have income)

CONSENT
Express consent
manifested either general law (applies to all affecting entire community/
states/people) or a special law (relating to a particular person,community,
thing) express consent to be sued must be embodied in a duly enacted
statute (enacted law by legislature of the government) and not by a mere
counsel of the Government. Example commonwealth act 327

Implied consent
Given when the state itself commences to litigation, entering to contract
*** does not apply if the contract relates to the exercise of sovereign function

SUABILITY not equated with outright LIABILITY.

Liability have to be determined by the court on the basis of evidence and
applicable law.

SELF-EXECUTING PROVISIONS
complete in itself and becomes operative
immediately effective with out the need of legislation to which the nature &
extent of the right conferred and the liability imposed are fixed by the
Constitution itself
***Generally All provisions of the constitution is SEP unless the contrary is clearly
stated
sample of self executing
1. The right to a balance ecology
 2. Promotion and protection of health
NON-SELF-EXECUTING PROVISIONS
lay down the general principles & merely indicate the principles
sample of non-self executing
1. General principles in Article II
2. Jurisprudence constitutional provisions on
a. personal dignity
b. sanctity of family life
c. vital role of the youth in nation building
d. values of education
e. social justice
f. human rights
g. promotion of general welfare
h. promotion of total human liberation

1. 3 remedies of the victims Villavicencio vs Lumban

a. Civil action
b. Criminal action
c. Habeas Corpus

2. Writ of habeas Corpus

a recourse in law through which a person can report an unlawful detention
or imprisonment to a court and request that the court order the custodian
of the person, usually a prison official, to bring the prisoner to court,
to determine whether the detention is lawful.

3. Valmonte vs Belmonte what the petitioner did to invoke the access to information.
government-owned and controlled corporations, whether performing
proprietary or governmental functions are accountable to the people, the
Court is convinced that transactions entered into by the GSIS,
a government-controlled corporation created by special legislation are within
the ambit of the people's right to be informed pursuant to the constitutional
policy of transparency in government dealings.

4. Writ of Amparo can be invoke when?

whose right to life, liberty and security is violated or threatened with violation
by an unlawful act or omission of a public official or employee, or of a private
individual or entity

5. 5 kinds of privelege communication

1. Presidential Communication previlege
2. Law enforcement
3. Military and State secrets
4. Deliberative process
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