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ARTICLE II body of inhabitants render habitual Forces—established and

2008 Political Law and Public International Law obedience maintained by the military forces
Personal Review Notes (taken from various sources: through which the will of the State is who invade and occupy a
Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC implemented and realized. territory of the enemy in the
& SSC-R Republican state—one constructed on the principle that course of war;
review materials, www.pinoylaw.net, etc.) the supreme power resides in c. Independent Government—
Ma. Luisa Angeles Ramos the body of the people. Its purpose therefore is to guarantee established by the inhabitants of
DECLARATION OF PRINCIPLES AND STATE against two (2) extremes: the country who rise in
POLICIES 1. On the one hand, monarchy and oligarchy; insurrection against the parent
Sec. 1, Article II 2. On the other, pure democracy. State.
The Philippines is a democratic and republican State. Elements of State: Presidential vs. Parliamentary
Sovereignty resides in the 1. P eople —the inhabitants of the State; the # of which is Presidential Parliamentary
people and all government authority emanates from them. capable for selfsufficiency There is separation of legislative and
(Relate this to Article XI) and self-defense; of both sexes for perpetuity. executive powers. The first is lodged in
1. Essential features: Representation and Renovation. a. Inhabitants; the President and the second is vested
2. Manifestations: b. Citizens; in Congress.
 Ours is a government of law and not of men c. Electors. It embodies interdependence by
(Villavicencio vs. Lukban, 39 2. T erritory—a fixed portion of the surface of the earth separation and coordination.
Phil 778). inhabited by the people of There is fusion of both executive and
 Rule of the majority. (Plurality in elections) the State. legislative powers in Parliament,
 Accountability of public officials 3. Government—the agency or instrumentality through although the actual exercise of the
 Bill of rights which the will of the State is executive powers is vested in a Prime
 Legislature cannot pass irrepealable laws. formulated, expressed and realized.  Minister who is chosen by, and
 Separation of powers. Government of the Philippines—refers to the corporate accountable to, Parliament.
Republicanism governmental entity It embodies interdependence by
What is a republican form of government? through which the functions of the government are integration.
It is a government of the people, by the people, and for exercised throughout the Unitary vs. Federal Government
the people, a representative Philippines, including, save as the contrary appears from Functions of the government:
government wherein the powers and duties of government the context, the various a. C onstituent—compulsory because constitutive of the
are exercised and arms through which political authority is made effective in society;
discharged for the common good and welfare. the Philippines, b. M inistrant—undertaken to advance the general interest
Characteristics of a republican form of government: whether pertaining to the autonomous regions, the of the society; merely
1. The people do not govern themselves directly but provincial, city, municipal or optional.
through their representatives; barangay subdivisions or other forms of local government. Doctrine of Parens Patriae—the government as guardian
2. It is founded upon popular suffrage; De Jure vs. De Facto of the rights of the people
3. There is the tripartite system of the government, the De Jure De Facto may initiate legal actions for and in behalf of particular
mutual interdependence of Has a rightful title but no power or individual. (Government of the
the three departments of the government. control, either because the same has Philippine Islands vs. Monte de Piedad, 35 SCRA 738;
STATE—a community of persons, more or less numerous, been withdrawn from it or because it Cabañas vs. Pilapil, 58
permanently occupying a has not yet actually entered into the SCRA 94)
definite portion of territory, independent of external exercise thereof. 4. Sovereignty—the supreme and uncontrollable power
control, and possessing a Actually exercises the power or control inherent in a State by which
government to which a great body of inhabitants render but without legal title. that State is governed. 
habitual obedience. (CIR vs. a. De facto proper—government It is the right to exercise the functions of a State to the
Campos Rueda, 42 SCRA 23) that gets possession and control exclusion of any other
State Nation of, or usurps, by force or by the State.
-is a legal or juristic concept -is an ethnic or racial concept voice of the majority, the rightful While sovereignty has traditionally been deemed absolute
State Government legal government and maintains and all-encompassing
-possesses a government to which a great -merely an itself against the will of the latter; on the domestic level, it is however subject to restrictions
instrumentality of the State b. Government of Paramount and limitations voluntarily

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agreed to by the Philippines, expressly or impliedly, as a 135385, December 2000) c. E xtraterritorial—power of the State over persons, things
member of the family of It necessarily includes the power to alienate what is owned. or acts beyond its
nations. In its Declaration of Principles and State Policies, It was the foundation territorial limits by reason of their effects to its territory.
the Constitution adopts the for the early Spanish decrees embracing the feudal theory Sec. 2, Article II
generally accepted principles of international law as part of of jura regalia that all lands (Incorporation Clause)
the law of the land, and were held from the Crown. The Philippine renounces war as an instrument of
adheres to the policy of peace, equality, justice, freedom, Effect of Belligerent Occupation—there is no change in national policy, adopts the
cooperation and amity, with all sovereignty. However, generally accepted principles of international law as part
nations. By the doctrine of incorporation, the country is political laws, except those of treason, are suspended; of the law of the land
bound by generally accepted municipal laws remain in force and adheres to the policy of peace, equality, justice,
principles of international law, which are considered to be unless changed by the belligerent occupant. freedom, cooperation, and
automatically part of our own Principle of Jus Postliminium—at the end of the amity with all nations.
laws. occupation, when the occupant is Three (3) parts:
“Government of Laws and Not of Men.”—sovereignty of ousted from the territory, the political laws which have 1. Renunciation of war—the power to wage a defensive
the people also been suspended shall war is of the very essence
includes the concept that government officials have only automatically become effective again. (Peralta vs. Director of sovereignty;
the authority given them of Prisons, No. L049, 2. Adoption of the principles of international law;
by law and defined by law, and such authority continues November 12, 1945) 3. Adherence to a policy of peace, equality, justice,
only with the consent of Effect of Change of Sovereignty—political laws of the freedom, cooperation & amity.
the people. former sovereign are abrogated The second part is nothing more than a formal acceptance
Kinds of Sovereignty:  unless they are expressly reenacted by the affirmative act of of a principle to which all
a. Legal—the power to issue final commands; the new sovereign. civilized nations must conform.
b. Political—the sum total of all the influences which lie Municipal laws remain in force. (Macariola vs. Asuncion, The third part is called the “selfish policy”—the guiding
behind the law; Adm. Case No. 133-J, May principle of Philippine foreign
c. Internal—the supreme power over everything within its 31, 1982) policy is the national interest. However, this is tempered
territory; Effect of Revolutionary Government—it is bound by no with concern for “equality,
d. External—also known as independence—freedom from constitution. However, it did peace, freedom and justice.
external control. not repudiate the Covenant or Declaration in the same way Section 23 (1), Article VI: The Congress, by a vote of
Characteristics: it repudiated the two-thirds of both Houses in
a. Permanence Constitution. As the de jure government, the revolutionary join session assembled, voting separately, shall have the
b. Exclusiveness government could not escape sole power to declare the
c. Comprehensiveness responsibility for the State’s good faith compliance with its existence of a state of war.
d. Absoluteness treaty obligations under Doctrine of Incorporation—the doctrine where the
e. Indivisibility international law. During the interregnum when no generally accepted principles of
f. Inalienability constitution or Bill of Rights existed, international law are made part of the law of the land either
g. Imprescriptibility directives and orders issued by government officers did not by express provision of the
Sovereignty, often referred to as Imperium—is the State’s exceed the authority Constitution or by means of judicial declaration or fiat. The
authority to govern; it granted them by the revolutionary government. The doctrine is applied whenever
includes passing laws governing a territory, maintaining directives or orders should not have municipal tribunals or local courts are confronted with
peace and order over it, and also violated the Covenant or the Declaration. (Republic situations in which there appears
defending it against foreign invasion. vs. Sandiganbayan, G.R. to be a conflict between a rule of international law and the
It is the government authority possessed by the State No. 104768, July 21, 2003) provisions of the Constitution
expressed in the concept Jurisdiction—is the manifestation of sovereignty. or statute of a State.
of sovereignty. a. T erritorial—power of the State over persons and things Efforts should first be exerted to harmonize them so as to
Dominium—is the capacity of the State to own or acquire within its territory give effect to both. In
property such as lands and subject to its control and protection. case of conflict between international law and municipal
natural resources. (Lee Hong Hok vs. David, No. L-30389, b. P ersonal—power of the State over its nationals, which law, the latter shall prevail.
December 27, 1972; may be exercised by However, the doctrine dictates that rules of international
Separate Opinion of Justice Kapunan in Cruz vs. the state even if the individual is outside the territory of the law are given equal
Secretary of DENR, G.R. No. State.

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standing with, and are not superior to, national legislative a national police commission. The authority of local 10. Conduct of licensure examinations;
enactments. executives over the police units in 11. Conduct of nationwide test for elementary and high
Lex posterior derogate priori—in States where the their jurisdiction shall be provided by law. school students;
constitution is the highest IBP vs. Zamora, G.R. No. 141284, August 15, 2000, the 12. Anti-drug enforcement activities;
law of the land, both statutes and treaties may be deployment of the 13. Sanitary inspections;
invalidated if they are in conflict with Marines does not constitute a breach of the civilian 14. Conduct of census work;
the Constitution. (Secretary of Justice vs. Lantion, G.R. supremacy clause. The calling of the 15. Administration of the Civil Aeronautic Board;
No. 139465, January 18, marines in this case constitutes permissible use of military 16. Assistance in installation of weather forecasting
2000) asset for civilian law devices;
Philip Morris, Inc. vs. CA, the fact that the international enforcement. x x x The limited participation of the Marines 17. Peace and order policy formulation in local government
law has been made part is evident in the provisions of units.
of the law of the land does not by any means imply the the Letter of Instruction (LOI) itself, which sufficiently This unquestionably constitutes a gloss on executive power
primacy of international law over provides the metes and bounds of resulting from a
national law in the municipal sphere. the Marines’ authority. It is noteworthy that the local police systematic, unbroken, executive practice, long pursued to
Doctrine of Autolimitation— forces are the ones charge of the knowledge of Congress
It is the doctrine where the Philippines adheres to principles the visibility patrols at all times, the real authority and, yet, never before questioned. What we have here is a
of international law belonging to the PNP. In fact, the mutual support and
as a limitation to the exercise of its sovereignty. Metro Manila Police Chief is the overall leader of the PNP- cooperation between the military and civilian authorities,
What war does the Philippines renounce? Marines joint visibility patrols. not derogation of civilian
The Philippines renounces an aggressive war because of Under the LOI, the police forces are tasked to brief or supremacy.
its membership in the orient the soldiers on police patrol Sec. 4, Article II
United Nations whose charter renounces war as an procedures. It is their responsibility to direct and manage The prime duty of the Government is to serve and protect
instrument of national policies of its the deployment of the the people. The
member States. marines. It is, likewise, their duty to provide the necessary Government may call upon the people to defend the State
Sec. 3, Article II equipment to the Marines and, in the fulfillment
(Civilian Supremacy Clause) and render logistic support to these soldiers. In view of the thereof, all citizens may be required, under conditions
Civilian authority is, at all times, supreme over the foregoing, it cannot be provided by law, to render
military. The Armed Forces of properly argued that military authority is supreme over personal military or civil service.
the Philippines is the protector of the people and the civilian authority. Does the Philippines renounce defensive war?
State. Its goal is to secure It is worth mentioning that military assistance to civilian No, because it is duty bound to defend its citizens. Under
the sovereignty of the State and the integrity of the authorities in various the Constitution, the prime
national territory. forms persists in Philippine jurisdiction. The Philippine duty of the government is to serve and protect the people.
Civilian Supremacy Clause experience reveals that it is not Posse Commitatus—it is the power of the state to require
Sec. 18, Art. VII—installation of the President as the averse to requesting the assistance of the military in the all able-bodied citizens to
highest civilian authority, as the implementation and execution perform civic duty to maintain peace and order.
commander-in-chief of the AFP—external manifestation of certain traditionally “civil” functions. x x x Some of the In People vs. Lagman, 66 Phil. 13, the accused in this case,
that civilian authority is multifarious activities wherein prosecuted for
supreme over the military. military aid has been rendered, exemplifying the activities failure to register for military service under the National
Sec. 5(1), Art. XVI—members of the AFP swear to uphold that bring both the civilian and Defense Act, assailed the
and defend the Constitution, the military together in a relationship of cooperation are: validity of the Act. The Supreme Court upheld the law on
which is the fundamental law of the civil government. 1. Elections; the basis of the compulsory
Civilian supremacy is not a guaranteed supremacy of 2. Administration of the Philippine National Red Cross; military and civil service provision of then 1935
civilian officers who are in 3. Relief and rescue operations during calamities and Constitution. It said that: “x x x. The duty
power but of supremacy of the sovereign people. The disasters; of the Government to defend the State cannot be performed
Armed Forces, in this sense, “is 4. Amateur sports promotion and development; except through an army.
the protector of the people and the State”. 5. Development of the culture and the arts; To leave the organization of an army to the will of the
Sec. 6, Article XVI—The State shall establish and 6. Conservation of the natural resources; citizens would be to make this
maintain one police force, which 7. Implementation of the agrarian reform program; duty to the Government excusable should there be no
shall be national in scope and civilian in character, to be 8. Enforcement of customs laws; sufficient men who volunteer to
administered and controlled by 9. Composite civilian-military law enforcement activities;

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enlist therein…x x x the right of the Government to require 5. Sec. 28 (3), Art. VI—Charitable institutions, churches Sec. 7, Article II
compulsory military service and parsonages or convents (Independent Foreign Policy)
is a consequence of its duty to defend the State and is appurtenant thereto, mosques, non-profit cemeteries, and The State shall pursue an independent foreign policy. In
reciprocal with its duty to defend all lands, buildings, and its relations with other
the life, liberty, and property of the citizen. x x x.” improvements, actually, directly, and exclusively used for states the paramount consideration shall be national
Sec. 5, Article II religious, charitable, or sovereignty, territorial
The maintenance of peace and order, the protection of educational purposes shall be exempt from taxation. integrity, national interest, and the right to self-
life, liberty, and property, 6. Sec. 29 (2), Art. VI—No public money or property shall determination.
and the promotion of the general welfare are essential for be appropriated, applied, paid, The word “relations” covers the whole gamut of treaties
the enjoyment by all or employed, directly or indirectly, for the use, benefit, or and international
the people of the blessings of democracy. support of any sect, church, agreements and other kinds of intercourse. This is the
Right to bear arms: It is statutory and not a constitutional denomination, sectarian institution, or system of religion, or closest reference to military
right. The license to carry a of any priest, preacher, bases.
firearm is neither a property nor a property right. Neither minister, or other religious teacher, or dignitary as such, There is a marked antipathy in the Constitution towards
does it create a vested right. except when such priest, foreign military presence
Even if it were a property right, it cannot be considered preacher, minister, or dignitary is assigned to the armed in the country, or of foreign influence in general. (Lim vs.
absolute as to be placed beyond forces, or to any penal Executive Secretary, G.R.
the reach of police power. The maintenance of peace and institution, or government orphanage or leprosarium. No. 151445, April 11, 2002)
order, and the protection of 7. Sec. 3 (3), Art. XIV—At the option expressed in writing Sec. 8, Article II
the people against violence are constitutional duties of the by the parents or guardians, (Policy of Freedom from Nuclear Weapons)
State, and the right to bear religion shall be allowed to be taught to their children or The Philippines, consistent with the national interest,
firearm is to be construed in connection and in harmony wards in public elementary and adopts and pursues a
with these constitutional duties. high schools within the regular class hours by instructors policy of freedom from nuclear weapons in its territory.
(Chavez vs. Romulo, G.R. No. 157036, June 9, 2004) designated or approved by the Clearly, the ban is on nuclear arms—that is, the use and
Sec. 6, Article II religious authorities of the religion to which the children or stockpiling of nuclear
The separation of Church and State shall be inviolable. wards belong, without weapons, devices, and parts thereof. And this includes not
The State should not use its money and coercive power to additional cost to the Government. only possessing, controlling
establish religion. It 8. Sec. 4 (2), Art. XIV—Filipino ownership requirement and manufacturing nuclear weapons, but also nuclear test in
should not support a particular religion. The State is for educational institutions, our territory, as well as the
prohibited from interfering with except those established by religious groups and mission use of our territory as dumping ground for radioactive
purely ecclesiastical affairs. But it does not mean that there boards. waste.
is total or absolute Austria vs. NLRC and CPU Mission Corp. of the 7th Day The provision, however, is not a ban on the peaceful uses
separation. The better rule is symbiotic relations between Adventists, G.R. No. of nuclear energy. Nor
the church and State. 124382, August 16, 1999, an ecclesiastical affair involves is it a ban on all “nuclear-capable vessels.” For a vessel to
Constitutional provisions evidencing the Separation of the relationship between the be banned, it is not enough
Church and State: church and its members and relates to matter of faith, that it is capable of carrying nuclear arms; it must actually
1. Sec. 6, Art. II religious doctrines, worship and carry nuclear arms.
2. Sec. 5, Art. III—No law shall be made respecting an governance of the congregation. Examples of these affairs Nuclear weapons, if stored in our territory, may invite
establishment of religion, or in which the State cannot threats of foreign invasion
prohibiting the free exercise thereof. The free exercise and meddle are proceedings for excommunication, ordination and there is a danger to the life and limbs of the people
enjoyment of religious of religious ministers, because of the threat of
profession and worship, without discrimination or administration of sacraments, and other activities to which explosion.
preference, shall forever be allowed. is attached religious Sec. 9, Article II
No religious test shall be required for the exercise of civil significance. In this case, what is involved is the (Just and Dynamic Social Order)
and political rights. relationship of the church as an The State shall promote a just and dynamic social order
3. Sec. 2 (5), Art. IX-C—religious sect cannot be registered employer and the minister as an employee. It is purely that will ensure the
as political party secular and has no relation prosperity and independence of the nation and free the
4. Sec. 5 (2), Art. VI—no sectoral representative from the whatsoever with the practice of faith, worship or doctrine people from poverty
religious sector of the church. through policies that provide adequate social services,
STATE POLICIES promote full employment,

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a rising standard of living, and an improved quality of life whether formalized by civilly recognized marriage or not. Section 14, Article II
for all. Calling the family “a basic (Equality of Women and Men)
It reflects a preoccupation with poverty as resulting from social institution” is an assertion that the family is anterior The State recognizes the role of women in nation-
structures that mire the to the State and is not a building, and shall ensure the
people in a life of dependence. creature of the State. The categorization of the family as fundamental equality before the law of women and men.
Sec. 10, Article II “autonomous” is meant to (Read Section 14, Article XIII)
(Social Justice) protect the family against instrumentalization by the State. PT&T Co. vs. NLRC, G.R. No. 118978, May 23, 1997, the
The State shall promote social justice in all phases of Protection of the Unborn— SC held that the petitioner’s
national development. The unborn’s entitlement to protection begins “from policy of not accepting or considering as disqualified from
(Read Sections 1 and 2 of Article XIII) conception”, i.e., from the work any woman worker who
Sections 1&2 of Article XIII: moment of conception. The intention is to protect life from contracts marriage, runs afoul of the test of, and the right
Section 1—The Congress shall give highest priority to the its beginning, and the against, discrimination, which
enactment of assumption is that human life begins at conception and that is guaranteed all women workers under the Constitution.
measures that protect and enhance the right of all the conception takes place at While a requirement that a
people to human dignity, reduce fertilization. woman employee must remain unmarried may be justified
social, economic, and political inequalities, and remove The provision is intended to prevent the State from as a “bona fide occupational
cultural inequities by equitably adopting the doctrine in US qualification” where the particular requirements of the job
diffusing wealth and political power for the common good. Supreme Court decision of Roe vs. Wade, 410 US 113, would demand the same,
To this end, the State shall regulate the acquisition, which liberalized abortion laws discrimination against married women cannot be adopted
ownership, use, and up to the 6th month of pregnancy by allowing abortion at by the employer as a general
disposition of property and its increments. the discretion of the mother any principle.
Section 2—The promotion of social justice shall include time during the first 6 months when it can be done without Section 15, Article II
the commitment to danger to the mother. (Right to Health)
create economic opportunities based on freedom of Natural Right and Duty of Parents The State shall protect and promote the right to health of
initiative and self-reliance. Parents are entitled to the support of laws designed to aid the people and instill
The Constitution covers all phases of national development them in the discharge health consciousness among them.
but with more of their responsibility. (Read Sections 11-13 of Article XIII as an aspect of Social
emphasis not only on economic inequities but also on The provision also highlights the inherent duty of the State Justice)
political and cultural inequities. to act as parens Section 16, Article II
Sec. 11, Article II patriae and to protect the right of persons and individuals (Right to A Balanced and Healthful Ecology)
(Personal Dignity and Human Rights) who, because of age or The State shall protect and advance the right of the
The State values the dignity of every human person and inherent incapacity, are in an unfavorable position vis-à-vis people to a balanced and
guarantees full respect other parties. healthful ecology in accord with the rhythm and harmony
for human rights. People vs. Larin, G.R. No. 128777, October 7, 1998, RA of nature.
(Read Sections 17-19 of Article XIII) 7610, which penalizes child Oposa vs. Factoran, Jr., 224 SCRA 792, it was held that
Section 12, Article II prostitution and other sexual abuses, was enacted in the 34 minors duly joined by
(The Family as Basic Social Institution) consonance with the policy of the their respective parents pleading the cause of “inter-
The State recognizes the sanctity of family life and shall State to “provide special protection to children from all generational responsibility” and
protect and strengthen forms of abuse”, thus, the Court “inter-generational justice”, had a valid cause of action in
the family as a basic autonomous social institution. It grants the victim full vindication and protection granted questioning the grant of
shall equally protect the life under the law. Timber Licensing Agreements (TLAs) for commercial
of the mother and the life of the unborn from conception. Section 13, Article II logging purposes. The minors filed
The natural and primary Vital Role of the Youth in Nation-Building the action for themselves as representing “their generation
right and duty of parents in the rearing of the youth for The State recognizes the vital role of the youth in nation- as well as generations yet
civic efficiency and the building and shall unborn”. The SC, on the basis of Section 16, Article II
development of moral character shall receive the support promote and protect their physical, moral, spiritual, linked with the right to health,
of the government. intellectual, and social wellbeing. recognized a “right to a balanced and healthful ecology”
(Read Article XV) It shall inculcate in the youth patriotism and nationalism, and “the correlative duty to
The family here is to be understood as a stable heterosexual and encourage refrain from impairing the environment”.
relationship their involvement in public and civic affairs.

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C&M Timber Corporation vs. Alcala, G.R. No. 111088, In the case of Bernardo vs. NLRC, G.R. No. 122917, July Authority, G.R. No. 156041, February 21, 2007 and
June 13, 1997, on the issue 12, 1999, the SC Pharmaceutical and Health
that the “total log ban” is a new policy which should be held that the Magna Carta for Disabled Persons mandates Care Association of the Philippines vs. Sec. Duque III,
applied prospectively and not that qualified disabled G.R. No. 173034, October
affect the rights of petitioner vested under the Timber persons be granted the same terms and conditions of 9, 2007, it was held that despite the fact that “our present
Licensing Agreement (TLA), the employment as qualified ablebodied Constitution enshrines free
Sc held that this is not a new policy but a mere reiteration employees; thus, once hey have attained the status of enterprise as a policy”, it nevertheless reserves to the
of the policy of conservation regular workers, they Government the power to
and protection the right to a balanced and healthful should be accorded all the benefits granted by law, intervene whenever necessary to promote the general
ecology. notwithstanding written or verbal welfare. Free enterprise does not
Section 17, Article II contracts to the contrary. This treatment is rooted not call for removal of ‘protective regulations’. It must be
The State shall give priority to education, science and merely in charity or clearly explained and proven by
technology, arts, culture, accommodation, but in justice for all. competent evidence just exactly how such protective
and sports to foster patriotism and nationalism, accelerate Section 19, Article II regulation would result in the
social progress, and The State shall develop a self-reliant and independent restraint of trade.
promote total human liberation and development. national economy Section 21, Article II
(Read also Section 2, Article XIV) effectively controlled by Filipinos. The State shall promote comprehensive rural
In PRC vs. De Guzman, G.R. No. 144681, June 21, 2004, The Constitution does not necessarily rule out the entry of development and agrarian reform.
while it is true that foreign investments, Rural development encompasses a broad spectrum of
the SC has upheld the constitutional right of every citizen goods and services. It contemplates neither “economic social, economic, human,
to select a profession or seclusion” nor “mendicancy in cultural, political and even industrial development.
course of study subject to fair, reasonable, and equitable the international community”. (See the case of Association of Small Landowners of the
admission and academic Aside from envisioning a trade policy based on “equality Philippines vs. Secretary
requirements, the exercise of this right may be regulated and reciprocity”, the of Agrarian Reform, 175 SCRA 343)
pursuant to the police power of fundamental law encourages industries that are Section 22, Article II
the State to safeguard health, morals, peace, education, “competitive in both domestic and The state recognizes and promotes the rights of
order, safety and general foreign markets,” thereby demonstrating a clear policy indigenous cultural communities
welfare. Thus, persons who desire to engage in the learned against a sheltered domestic within the framework of national unity and development.
professions requiring trade environment, but one in favor of the gradual [Read Section 5(2), Article VI; Section 5, Article XII;
scientific or technical knowledge may be required to take development of robust industries that Section 17, Article XIV]
an examination as a can compete with the best in the foreign markets. (Tañada Section 23, Article II
prerequisite to engaging in their chosen careers. This vs. Angara, 272 SCRA 18) The State shall encourage non-governmental,
regulation assumes particular Section 20, Article II community-based, or sectoral
pertinence in the field of medicine, in order to protect the The State recognizes the indispensable role of the private organizations that promote the welfare of the nation.
public from the potentially sector, encourages (Read Sections 15-16 of Article XIII)
deadly effects of incompetence and ignorance. private enterprise, and provides incentives to needed Section 24, Article II
PMMS, Inc. vs. CA, 244 SCRA 770, the Court said that the investments. The State recognizes the vital role of communication and
requirement that a (Read Article XII) information in nationbuilding.
school must first obtain government authorization before Doctrine of Free Enterprise— (Read Sections 10-11, Art. XVI; Sec. 23, Art. XVIII)
operating is based on the Association of Philippine Coconut Desiccators vs. PCA, Section 25, Article II
State policy that educational programs and/or operations G.R. No. 110526, The State shall ensure the autonomy of local
shall be of good quality and, February 10, 1998, the SC said that although the governments.
therefore, shall at least satisfy minimum standards with Constitution enshrines free enterprise (Read Article X)
respect to curricula, teaching as a policy, it nevertheless reserves to the Government the Basco vs. PAGCOR, 197 SCRA 52, The SC held that the
staff, physical plant and facilities and administrative and power to intervene local autonomy under the
management viability. whenever necessary for the promotion of the general 1987 Constitution simply means “decentralization”, and
Section 18, Article II welfare as reflected in Sections 6 does not make the local
The State affirms labor as a primary social economic & 19 of Article XII. governments sovereign within the State or an imperium in
force. It shall protect the Pest Management Association of the Philippines vs. imperio.
right of the workers and promote their welfare. Fertilizer and Pesticide Limbonas vs. Mangelin, 170 SCRA 786

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Decentralization of Administration Decentralization of local autonomy, as well as the doctrine of separation of tyranny. The purpose was not to avoid friction, but, by
Power powers of the executive and means of the inevitable friction
-delegation of administrative powers to the legislative departments in governing municipal incident to the distribution of governmental powers among
local government unit in order to broaden corporations. the three departments, to
the base of governmental powers. Section 26, Article II save the people from autocracy.
-abdication by the national government of The State shall guarantee equal access to opportunities 1. To secure action
governmental powers for public service, and 2. To forestall overaction
Lina vs. Pano, G.R. No. 129093, August 30, 2001, the Sc prohibit political dynasties as may be defined by law. 3. To prevent despotism
said that the basic Pamatong vs. COMELEC, G.R. No. 161872, April 13, 4. To obtain efficiency
relationship between the national legislature and the local 2004, the SC said that this In La Bugal-B’Laan Tribal Association vs. Ramos, G.R.
government units has not provision does not bestow a right to seek the Presidency; it No. 127882,
been enfeebled by the new provisions in the Constitution does not contain a judicially December 1, 2004, the court restrained itself from intruding
strengthening the policy of enforceable constitutional right and merely specifies a into policy matters to allow
local autonomy. Without meaning to detract from that guideline for legislative action. the President and Congress maximum discretion in using
policy, Congress retains control of The provision is not intended to compel the State to enact mineral resources of our
the LGUs although in a significantly reduced degree now positive measures that would country and in securing the assistance of foreign groups to
under our previous accommodate as many as possible into public office. The eradicate the grinding
Constitutions. The power to create still includes the power privilege may be subjected to poverty of our people and answer their cry for viable
to destroy. The power to limitations. One such valid limitation is the provision of the employment opportunities in the
grant still includes the power to withhold or recall. True Omnibus Election Code on country. “The Judiciary is loath to interfere with the due
there are notable innovations in nuisance candidates. exercise by co-equal branches
the Constitution, like the direct conferment on the LGUs of Section 27, Article II of government of their official functions.” Let the
the power to tax which The State shall maintain honesty and integrity in the development of mining industry be the
cannot now be withdrawn by mere statute. By and large, public service and take responsibility of the political branches of the government.
however, the national positive and effective measures against graft and The questioned provisions of
legislature is still the principal of LGUs, which cannot defy corruption. RA 7942 (Philippine Mining Act of 1995) are not
its will or modify or violate it. Section 28, Article II unconstitutional.
Ours is still a unitary form of government, not a federal Subject to reasonable conditions prescribed by law, the In Maceda vs. Vasquez, 221 SCRA 464, in the absence of
state. Being so, any form of State adopts and any administrative
autonomy granted to local governments will necessarily be implements a policy of full public disclosure of all its action taken against the RTC Judge by the SC with regard
limited and confined within transactions involving to the former’s certificate of
the extent allowed by the central authority. public interest. service, the investigation conducted by the Ombudsman
Judge Dadole vs. COA, G.R. No. 125350, December 3, ----PRINCIPLE OF TRANSPARENCY— encroaches into the SC’s
2002, even as we recognize DOCTRINE OF SEPARATION OF POWERS power of administrative supervision over all courts and its
that the Constitution guarantees autonomy to LGUs, the This principle operated as an implicit limitation on personnel, in violation of the
exercise of local autonomy legislative powers as on the doctrine of separation of powers.
remains subject to the power of control by Congress and two other powers. Principle of Blending of Powers: Instances when powers
the power of general In essence, separation of powers means the legislation are not confined exclusively
supervision by the President. xxx The President can only belongs to Congress, within one department but are assigned to or shared by
interfere in the affairs and execution to the executive, settlement of legal controversies several departments.
activities of a LGU if he finds that the latter had acted to the judiciary. Each is Principle of Checks and Balances: This allows one
contrary to law. The President or prevented from invading the domain of the others. But the department to resist
any of his alter egos, cannot interfere in local affairs as long separation is not total. The encroachments upon its prerogative or to rectify mistakes
as the concerned LGU acts system allows for “checks and balances” the net effect of or excesses committed by the
within the parameters of the law and the Constitution. Any which being that, in general, other departments.
directive, therefore, by the no one department is able to act without the cooperation of The first and safest criterion to determine whether a
President or any of his alter egos seeking to alter the at least one of the other given power has been validly
wisdom of a law-conforming departments. exercised by a particular department is whether or not the
judgment on local affairs of a LGU is a patent nullity, Purpose: To prevent concentration of powers in one power has been
because it violates the principle of department and thereby to avoid

7
constitutionally conferred upon the department claiming its the property is wholesome necessity. This was held to be an exercise of the power of
exercise—since the and devoted to public use eminent domain, albeit
conferment is usually done expressly. However, even in the or purpose invalid, because the COMELEC would not pay for the
absence of express compensation is the full space to be given to it by the
conferment, the exercise of the power may be justified and fair equivalent of the newspapers.
under the doctrine of property taken Police power and power of taxation—cannot be
necessary implication. The grant of express power carried government; cannot be delegated to administrative bodies.
with it all other powers that delegated to administrative Police power and power of eminent domain both
may be reasonably inferred from it. body involved taking. They differ in purpose.
Justiciable question- implies a given right, legally the property is wholesome Police power—to destroy; because the property is
demandable and enforceable, an act and devoted to public use harmful, obnoxious, poses a risk to the
or omission violative of such right, and a remedy granted or purpose public.
and sanctioned by law for said it is the protection and/or Power of eminent domain—only private property is the
breach of right. (Casibang vs. Aquino, 92 SCRA 642) public improvements subject of taking; the purpose is to
THE INHERENT POWERS OF THE STATE instituted by government for convert the private property to public use.
1. Police Power the taxes paid POLICE POWER—
2. Power of Eminent Domain Limitations: Generally, the Bill of Rights, although in It is the power of promoting public welfare by restraining
3. Power of Taxation some cases the exercise of the and regulating the use
Similarities: power prevails over specific constitutional guarantees. The of liberty and property.
1. Inherent in the State, exercised even without need of courts may annul the It is the power vested by the Constitution in the legislature
express constitutional improvident exercise of police power. to make, ordain, and
grant. These powers must not be exercised arbitrarily, to the establish all manner of wholesome and reasonable laws,
2. Necessary and indispensable; State cannot be effective prejudice of Bill of Rights. statutes and ordinances,
without them. In Ericta vs. City Government of Quezon City, 122 SCRA either with penalties or without, not repugnant to the
3. Methods by which State interferes with private property. 759, the City Constitution, as they shall judge to
4. Presupposes equivalent compensation. Government of QC was not exercising police power when be for the good and welfare of the commonwealth, and for
5. Exercised primarily by the legislature. they required private the subjects of the same.
Distinctions: cemetery owners to reserve 6% of the burial lots for The power is plenary and its scope is vast and pervasive,
Police Power Eminent Domain Taxation pauper’s burial ground. The SC reaching and justifying
Regulates both liberty and held that in police power, the property to be taken is to be measures for public health, public safety, public morals,
property destroyed. The 6% are and the general welfare.
may be exercised only by private property of the cemetery owners. This is a taking of It is the power to prescribe regulations to promote the
Affects property rights private property. Sec. 9, Art. health, morals, peace,
may even be exercised by III: “Private property shall not be taken for public use education, good order or safety and general welfare of the
affects property rights without just compensation.” people (now common good).
may be exercised only by Clearly, this is an invalid exercise of police power. The (Binay vs. Domingo, 201 SCRA 508)
government; cannot be City was made to pay the It has been described as “the most essential, insistent and
delegated to administrative owners just compensation. the least limitable of
body In Philippine Press Institute vs. COMELEC, 244 SCRA powers, extending as it does to all the great public needs.”
property taken is usually 272, Sec. 2 of It is the power vested in the
noxious(unpleasant and COMELEC Resolution No. 2772, which mandates legislature to make, ordain, and establish all manner of
harmful) or intended for newspapers of general circulation in wholesome and reasonable
noxious purpose and may every province or city to provide free print space of not less laws, statutes and ordinances, either with penalties or
thus be destroyed than ½ page as COMELEC without, not repugnant to the
compensation is the space, was held to be an invalid exercise of police power Constitution, as they shall judge to be for the good and
intangible, altruistic feeling there being no showing of the welfare of the commonwealth,
that the individual has existence of a national emergency or imperious public and for the subjects of the same. (Carlos Superdrug Corp.
contributed to the public necessity for the taking of print vs. DSWD, G.R. No.
good space, nor that the resolution was the only reasonable and 166494, June 29, 2007)
private entities calibrated response to such

8
Cabrera vs. Lapid, G.R. No. 129098, December 6, 2006, a superior and legitimate exercise by the State of the police ordinance, approve resolutions and appropriate funds for
careful reading of the power. the general welfare” of the
questioned Resolution reveals that the Ombudsman 5. In PRC vs. De Guzman, G.R. No. 144681, June 21, inhabitants of Metro Manila. Thus, MMDA may not order
dismissed petitioner’s criminal 2004, the exercise of the opening of Neptune St. in
complaint because respondents had validly resorted to the the constitutional right of every citizen to select a the Bel-Air Subdivision to public traffic, as it does not
police power of the State profession or course of possess delegated police power.
when they effected the demolition of the illegal fishpond in study may be regulated pursuant to the police power of the Section 11, Article X—the Congress may, by law, create
question following the State to safeguard special metropolitan
declaration thereof as a nuisance per se. in the words of the health, morals, peace, education, order, safety, and the political subdivisions, subject to a plebiscite as set forth in
Ombudsman, “those who general welfare of the Section 10 hereof. The
participated in the blasting of the subject fishpond were people. This regulation assumes particular pertinence in the component cities and municipalities shall retain their basic
only impelled by their desire to field of medicine, autonomy and shall be
serve the best interest of the general public; for the good to protect the public from the potentially dead effects of entitled to their own local executives and legislative
and the highest good. incompetence and assemblies. The jurisdiction of the
Requisites (Limitations): ignorance. metropolitan authority that will thereby be created shall be
1. Lawful subject—the interests of the public in general as In Chavez vs. Romulo, 431 SCRA 534, the right to bear limited to basic services
distinguished from arms is merely requiring coordination.
those of a particular class, require the exercise of this statutory privilege. The license to carry firearm is neither a MMDA is not a special metropolitan political subdivision.
power. property nor a property right. However, in MMDA vs. Garin, G.R. No. 130230, April 15,
2. Lawful means—the means employed are reasonably for Neither does it create a vested right. A permit to carry 2005, although the
the accomplishment of outside one’s residence may be law (RA 7924) does not grant the MMDA the power to
the purpose, and not unduly oppressive on individuals. revoked at any time. Even if it were a property right, it confiscate and suspend or
“Affected with public interest”—an industry is subject to cannot be considered as absolute revoke drivers’ licenses without need of any legislative
control for the public as to be beyond the reach of the police power. enactment, the same law vests
good; it has been considered as the equivalent of “subject to Who may exercise police power? the MMDA the duty to enforce existing traffic rules and
the exercise of police The power is inherently vested in Congress. However, they regulations. Thus, where there is
power”. may validly delegate a traffic law or regulation validly enacted by the legislature
Construction: construed strictly and any doubt must be this power to the following: or those agencies to whom
resolved against the grant. 1. the President legislative power has been delegated, the MMDA is not
Scope/Characteristics: 2. administrative bodies—public and quasi-public precluded—and in fact is dutybound—
It is the most pervasive, least limitable, and the most corporations to confiscate and suspend or revoke drivers’ licenses in the
demanding of the three 3. the lawmaking bodies of local government units exercise of its
powers. The justification is found in: salus populi est Local government units exercise the power under the mandate of transport and traffic management, as well as the
suprema lex (the welfare of the general welfare clause. administration and
people is the supreme law) and sic utere tuo ut alienum non CANORECO vs. Torres, G.R. no. 127249, February 27, implementation of all traffic enforcement operations, traffic
laedas (use your property 1998, while police engineering services and
so as not to impair others). power may be delegated to the President by law, RA 6939 traffic education programs.
1. It cannot be bargained away through the medium of a and PD 260, as amended, Additional Limitations (When exercised by delegate):
treaty or a contract. do not authorize the President or any other administrative a. express grant by law
2. The taxing power may be used as an implement of police body, to take over the internal b. within territorial limits (for local government units,
power management of a cooperative. Accordingly, Memorandum except when exercised to
3. Eminent domain may be used as an implement to attain Order No. 409, issued by the protect water supply)
the police power President, constituting an ad hoc committee to temporarily c. must not be contrary to law
objective (Association of Landowners vs. Secretary of take over and manage the For municipal ordinance to be valid:
Agrarian Reform, affairs of CANORECO is invalid. 1. it must not contravene the Constitution or any statute;
175 SCRA 343). In MMDA vs. Bel-Air Village Association, G.R. No. 2. it must not be unfair or oppressive;
4. In Ortigas & Co. vs. CA, G.R. No. 126102, December 4, 135962, March 27, 2000, 3. it must not be partial or discriminatory;
2000, nonimpairment there is no provision in RA 7924 that empowers the 4. it must not prohibit, but may regulate, trade;
of contracts or vested rights clauses will have to yield to the MMDA or its council to “enact 5. it must not be unreasonable; and

9
6. it must be general in application and consistent with The exercise of power of eminent domain requires that due POWER OF EMINENT DOMAIN— also known as the
public policy. process be observed in the power of expropriation
In City of Manila vs. Judge Laguio, G.R. No. 118127, taking of private property. [Roxas and Co., vs. CA, 321 The power of eminent domain is the power of the State to
April 12, 2005, the SC SCRA 106 (1999)] forcibly take private
declared as an invalid exercise of the police power the City Republic vs. Manila Electric Company, G.R. No. 141314, property for public use upon payment of just compensation.
of Manila Ordinance No. November 15, It is the right or power of a sovereign state to appropriate
7783, which prohibited “the establishment or operation of 2002, the regulation of rates to be charged by public private property to
businesses providing certain utilities is founded upon the police particular uses to promote public welfare.
forms of amusement, entertainment, services and facilities power of the State and statutes prescribing rules for the It is government’s right to appropriate, in the nature of a
in the Ermita-Malate area”, control and regulations of public compulsory sale to the
for being contrary to the Constitution, infringing the utilities are a valid exercise thereof. When a private State, private property for public use or purpose. (Moday
guarantees of due process and property is used for a public vs. CA, 268 SCRA 586)
equal protection of the laws. purpose and is affected with public interest, it ceases to be The ultimate right of the sovereign power to appropriate,
In Centeno vs. Villalon-Pornillos, 236 SCRA 197 (1994), juris privati only and not only the public, but
solicitation for becomes subject to regulation. The regulation is to promote even the private property of all citizens within the territorial
religious purposes may be subject to proper regulation by the common good. sovereignty, for public
the State in the exercise of Submission to regulation may be withdrawn by the owner purpose.
police power. by discontinuing use; but as Power of Eminent Domain Destruction Due to Necessity
In Acebedo Optical Company, Inc. vs. CA, 329 SCRA 314 long as the use of the property is continued, the same is involves public rights
(2000), the subject to public regulation. the property is converted to public use
issuance of business licenses and permits by a municipality In regulating rates charged by public utilities, the State there must be payment of just
or city is essentially protects the public against compensation
regulatory in nature. The authority, which devolved upon arbitrary and excessive rates while maintaining the undertaken by the State
local government units, to efficiency and quality of services involves private rights such as selfpreservation
issue or grant such licenses or permits, is essentially in the rendered. However, the power to regulate rates does not and self-defense
exercise of the police power give the State the right to there is no need for the conversion to
of the State within the contemplation of the general welfare prescribe rates which are so low as to deprive the public public use
clause of the LGC. utility of a reasonable return on no need for just compensation
The implementation of the Comprehensive Agrarian investment. may be validly undertaken even by
Reform Law (CARL) is an Philippine Press Institute (PPI) vs. COMELEC, 244 private individuals
exercise of police power and the power of eminent domain. SCRA 272, Section 2 of Object of Expropriation:
To the extent that the CARL COMELEC Resolution No. 2772, which mandates 1. anything that comes under the dominion of man
prescribes retention limits to the landowners, there is an newspapers of general circulation in 2. real, personal, tangible and intangible
exercise of police power for the every province or city to provide free print space of not less 3. property right
regulation of private property in accordance with the than ½ page as COMELEC 4. churches and other religious properties
Constitution. But where, to carry space, was held to be invalid exercise of police power there 5. property already devoted to public use
out such regulation, the owners are deprived of lands they being no showing of the Except: money- because compensation is also money
own in excess of the existence of national emergency or imperious public Who may exercise?
maximum area allowed, there is also taking under the necessity for the taking of print Generally, the legislature, but also upon valid delegation to:
power of eminent domain. The space, nor that the resolution was the only reasonable and 1. the President;
taking contemplated is not a mere limitation of the use of calibrated response to such 2. lawmaking bodies of LGUs;
the land. What is required is necessity. 3. administrative bodies—public and quasi-public
the surrender of the title to and physical possession of the Public purpose and use has broader concept now. It now corporations
said excess and all beneficial includes VICARIOUS 4. Private enterprises performing public services.
rights accruing to the owner in favor of the farmer BENEFITS that society may derive from a particular In the case of Republic vs. CA, G.R. No. 146587, July 2,
beneficiary. The Bill of rights provides measure. 2002, the power of
that “no person shall be deprived of life, liberty and e.g. CONCERN FOR THE POOR—SC recognized this as eminent domain must, by enabling law, be delegated to
property without due process of one for public purpose local governments by the
law.” The CARL was not intended to take away property and use. national legislature, and thus, can only be as broad as the
without due process of law. real authority would want it to

10
be. The grant of the power to local government units under ordinance or what necessity impelled the particular choice also were low landing and take-off flights which made
RA 7160 cannot be or selection. The ordinance nearby residential area unlivable
understood as equal to the pervasive and all encompassing stated no reason for the choice of petitioners’ property as (Griggs vs. Allegheny County, 369 US 84). This is taking
power vested in the the site of a socialized in the constitutional sense.
legislative branch of government. housing project. Avenida, Rizal used to be the commercial center of
JIL School Foundation vs. Municipality of Pasig, G. R. 2. Private property—all private property capable of Manila. However, when
No. 152230, August ownership may be the Light Railway Transit (LRT) was built, the commercial
9, 2005—Sec. 19, of the LGC requires the LGU to tender a expropriated except money and choses in action; may value of Avenida was greatly
prior written definite and include services. diminished. The shops and stores had to close. The owners
valid offer to acquire the property before the filing of the (Republic vs. PLDT, 26 SCRA 620) of these establishments
complaint for eminent domain. In City of Manila vs. Chinese Community, 40 Phil. 349, a suffered losses because of the operation of the LRT along
Filstream Int’l Inc. vs. CA, 284 SCRA 716—the exercise cemetery open to Avenida, Rizal. Are they
of the power of the public was already in public use and no part of the entitled to be paid just compensation?
eminent domain is clearly superior to the final and executor ground could be taken for other No. SC held that the kind of injury or loss that one must
judgment rendered by the public uses under a general authority. The City of Manila suffer that will justify
court in an ejectment case. was without authority to the payment of just compensation must be a special kind of
RP vs. PLDT, 26 SCRA 620—services were considered expropriate the property. (The Congress itself should injury or loss as in the
embraced in the expropriate or there must be case of Causby. If the injury or loss that one suffered is one
concept of property subject to taking under the power of special grant.) which he suffered together
eminent domain. Republic, in 3. Taking— there is taking when: with the rest of the community, his only compensation in
the exercise of the sovereign power of eminent domain, a. The owner is actually deprived or dispossessed of his such a case is the altruistic
may require the telephone property; feeling that somehow he is able to contribute to the
company to permit interconnection of the government b. There is practical destruction or material impairment of common good.
telephone system and that of the the value of the CANORECO vs. CA, G.R. No. 109338, November 20,
PLDT, as the needs of government service may require, property; 2000, The owner of the
subject to the payment of just c. The owner is deprived of the ordinary use of his property cut the electric lines alleging that it impaired him
compensation to be determined by the court. property; of the use of his property. The
Where Expropriation Suit Is Filed: d. The owner is deprived of jurisdiction, supervision and SC held that the property owner was not justified in cutting
In the Regional Trial Court—because it is incapable of control of his the electric lines. His
pecuniary estimation property. property becomes the servient estate subject to the
Requisites: Requisites for a valid taking: (EMADO) encumbrance, and the acquisition
1. Necessity—when exercised by: a. The expropriator must enter a private property; of an easement of right of way filed by an electric power
a. Congress—it is a political question; (Municipality of b. Entry must be for more than a momentary period; company for the construction of
Meycauayan, c. Entry must be under warrant or color of authority; transmission lines falls within the purview of the power of
Bulacan vs. IAC, 157 SCRA 640) d. Property must be devoted to public use or otherwise eminent domain. However, since there was an impairment
b. Delegate—the determination of whether there is a informally appropriated of the use of the property, he is entitled to the payment
genuine necessity for or injuriously affected; of just compensation.
the exercise is a justiceable question (Republic vs. La e. Utilization of the property must be in such a way as to The establishment of an easement is a form of compensable
Orden de Po. oust the owner and taking. In
Benedictinos, 1 SCRA 649). deprive him of beneficial enjoyment of the property. NAPOCOR vs. Sps. Gutierrez, G.R. No. 60077, January
The RTC has the power to inquire to the legality of the (Republic vs. Castelvi, 58 SCRA 336) 18, 1991, the owner of the
exercise of the right of The taking of private property may include the impairment land was awarded full compensation against the
eminent domain and to determine whether there is a of the use of the NAPOCOR’s argument that the owners
genuine necessity for it (Bardillon property for which it was intended. In US vs. Causby, 328 were not totally deprived of the use of the land and could
vs. Brgy. Masili of Calamba, Laguna, G.R. No. 146886, US 256, the flight of planes still plant the same crops as
April 30, 2003). from a nearby military airport over plaintiff’s property long as they did not come into contact with the wires. The
Lagcao vs. Judge Labra, G.R. No. 155746, October 13, below the navigable airspace Court said: “the right of way
2004—there was no resulting in the ruin of plaintiff’s chicken farm was easement perpetually deprives defendants of their
showing at all why petitioners’ property was singled out for considered compensable taking. So proprietary rights as manifested by
expropriation by the city

11
the imposition by the plaintiff upon defendants that below it violated the due process clause and the eminent domain convenience” (Reyes vs. NHA, G.R. No. 147511, January
said transmission lines no provision of the Constitution 20, 2003).
plant higher than 3 meters is allowed. Furthermore, because by taking airtime from radio and television broadcasting The general concept—meeting public need or public
of the high-tension current stations without payment of just exigency; may include
conveyed through the transmission lines, danger to life and compensation. The SC held that all broadcasting, whether indirect public benefit or advantage.
limbs that may be caused by radio or by television In Estate of Salud Jimenez vs. PEZA, 349 SCRA 240,
beneath said wires cannot altogether be discounted, and to stations, is licensed by the government. Airwaves public use is whatever
cap it all, plaintiff only pays frequencies have to be allocated as may be beneficially employed for the general welfare.
the fee to defendant once, while the latter shall continually there are more individuals who want to broadcast than there It has been broadened to include not only uses directly
pay the taxes due on said frequencies to assign. A available to the public but
affected portion of their property. franchise is thus a privilege subject, among other things, to also those which redound to their indirect benefit; that only
In People vs. Fajardo, 104 Phil. 44, a municipal ordinance amendment by Congress in a few would actually benefit
prohibiting a building accordance with the constitutional provision that “any such from the expropriation of the property does not necessarily
which would impair the view of the plaza from the highway franchise or right granted x x diminish the essence and
was considered taking. The x shall be subject to amendment, alteration or repeal by the character of public use. (Manosca vs. CA, 252 SCRA 412)
property owner was held to be entitled to payment of just Congress when the In Filstream Int’l Inc. vs. CA, 284 SCRA 716, the fact that
compensation. common good so requires” (Art. XII, Sec.11). the property is less
In Velarma vs. CA, 252 SCRA 400, the owner of the In the granting of the privilege to operate broadcast stations than ½ hectare and that only a few could actually benefit
property can recover and thereafter from the expropriation does
possession of the property from squatters, even if he agreed supervising radio and television stations, the State spends not diminish its public use character, inasmuch as “public
to transfer the property to considerable public funds in use” now includes the broader
the Government, until the transfer is consummated or the licensing and supervising such stations. It would be strange notion of indirect public benefit or advantage, including, in
expropriation case is filed. if it cannot even require the particular, urban land reform
Taking under Eminent Domain licensees to render public service by giving free airtime. x x and housing.
Proceeding x As radio and television By express legislative authority granted by Congress in
Taking under Police Power broadcast stations do not own the airwaves, no private Sec. 19, RA 7160, LGUs
Only private properties may be taken property is taken by the may expropriate private property for public use, or purpose,
The private property is taken in order to requirement that they provide airtime to the COMELEC. or welfare, for the benefit of
convert it to public use PPI vs. COMELEC TELEBAP vs. COMELEC the poor and the landless. Thus, in Moday vs. CA, 268
All properties are subject to taking there was taking of property SCRA 568, the SC held that the
The purpose of taking is to destroy the newspaper space is the private property Sangguniang Panlalawigan of Agusan del Sur was without
property because it is harmful or of the newspaper owners authority to disapprove
obnoxious to the public. print media do not enjoy privilege Bunawan Municipal Resolution No. 43-89 because, clearly,
Philippine Press Institute (PPI) vs. COMELEC, 244 there was no taking of private property the Municipality of Bunawan
SCRA 272, Section 2 of airwaves are scarce resources, the use is has authority to exercise the power of eminent domain and
COMELEC Resolution No. 2772, which mandates regulated by the State its Sanggguniang Bayan the
newspapers of general circulation in franchise (privilege) is issued by the State capacity to promulgate the assailed resolution.
every province or city to provide free print space of not less (Art. XII, Sec. 11) However, in the case of Municipacility of Parañaque vs.
than ½ page as COMELEC Shifting argument alleged in TELEBAP: both PPI and V.M. Realty
space, was held to be an exercise of power of eminent TELEBAP are media of communication Corporation, 292 SCRA 676, the SC declared that there
domain, albeit invalid, because and information. Equal protection clause was raised as an was lack of compliance with
the COMELEC would not pay for the space to be given to issue. The SC ruled that equal Sec. 19 of RA 7160, where the Municipal Mayor filed a
it by the newspapers. protection clause does not guarantee absolute equality. complaint for eminent domain
TELEBAP, Inc. vs. COMELEC, 289 SCRA 1998, the There may be classification. Persons or over two (2) parcels of land on the strength of the
constitutionality of Sec. 92 things ostensibly similarly situated may, nonetheless, be resolution passed by the
of BP 881 (requiring radio and television station owners treated differently if there is a basis for Sangguniang Bayan, because what is required by law is an
and operators to give to the valid classification. ordinance and not mere
COMELEC radio and television time free of charge) was 4. Public use—“public interest”; “public benefit”; “public resolution.
challenged on the ground that welfare”; “public In Francia, Jr. vs. Municipality of Meycauayan, G.R. No.
170432, March 24,

12
2008, the Supreme Court held that the determination of a case. the power of the State ultimately to acquire it through
public purpose for the Basic/market value—the price that may be agreed upon by expropriation.
expropriated property is not a condition precedent before a the parties willing but not The Dela Ramas make much of the fact that ownership of
court may issue a writ of compelled to enter into a contract of sale. the land was
possession. Once the requisite in Sec. 19 of the Local  F a ctors to be considered: transferred to the government because the equitable and the
Government Code are satisfied, Cost of acquisition Actual or potential uses beneficial title were
the issuance of the writ becomes a ministerial matter for the Current value of like properties in particular case: size already acquired by it in 1983, leaving them with only the
court. of lands, shape, location naked title. However, xxx the
5. Just Compensation—the full and fair market value of and tax declaration recognized rule, indeed, is that title to the property
the property taken; it is Consequential damages—injuries directly caused on the expropriated shall pass from the
the fair market value of the property. It is settled that the residue of the private owner to the expropriator only upon full payment of just
market value of the property taken by reason of expropriation compensation.
property is “that sum of money which a person, desirous Example: the property left is in odd shape or with area Legal interest for expropriation cases—6%
but not compelled to virtually unusable -from the time of taking until just compensation is actually
buy, and an owner, willing but not compelled to sell, would Consequential Benefits—the remainder is, as a result of paid
agree on a price to be the expropriation, placed in a -interest must be claimed, otherwise, it is deemed waived
given and received therefor.” better location, such as fronting a street where it used to be Title to the property shall not be transferred until after
Medium: money except: payment other than money an interior lot. actual payment of just
(Association of Small Association of Small Landowners vs. DAR, 175 SCRA compensation is made to the owner.
Landowners vs. Secretary of Agrarian Reform, 175 SCRA 343 (1989)— the power of Genuine Necessity—
343), payment is allowed eminent domain could be used as an implement of police National legislation—question of necessity is POLITICAL;
to be made partly in bonds, because under the CARP it power. The expressed judiciary has no power
deals with the revolutionary kind objective of the law was the promotion of the welfare of the to inquire.
of expropriation. farmers, which came clearly Delegate—liberally in favor of the private property owner;
The determination of just compensation in eminent domain under the police power of the state. To achieve this judiciary can inquire
cases is a judicial purpose, the law provided for the into whether the authority conferred upon such delegate
function and factual findings of the CA are conclusive on expropriation of agricultural lands (subject to minimum correctly and properly
the parties and reviewable only retention limits for the exercised/ whether expropriation contemplated by the
when the case falls within the recognized exceptions. landowners) to be distributed among the landless peasantry. delegate necessary or wise.
(NAPOCOR vs. San Pedro, G.R. DARAB determines just compensation (exception to the May eminent domain be barred by “res judicata” or “law
No. 170945, September 26, 2006) general rule that courts decide of the case”?
Land Bank vs. CA (and DAR vs. CA), 249 SCRA 149— the value) The principle of res judicata, which finds application in
Sec. 16(e), RA 6657— DAR may make initial valuation; owner goes to court if generally all cases and
the deposit of compensation must be in “cash” or in “Land not satisfied. proceedings, cannot bar the right of the State or its agents
Bank bonds” not in any other Expropriation may be initiated by court action or by to expropriate private
form, and certainly not in a “trust account”. legislation. In both instances, property. The very nature of eminent domain, as an
Reckoning point of market value of the property: just compensation is determined by the courts. inherent power of the State,
FMV at the date of: a) filing of the complaint; or In Republic vs. Salem Investment Corporation, et al., dictates that the right to exercise the power be absolute and
b) the taking –whichever is earlier. G.R. No. 137569, June 23, unfettered even by a prior
Rules in Just Compensation-Rule 67, Sec. 6: 2000, the Supreme Court held that it is only upon payment judgment or res judicata. The scope of eminent domain is
1. Determine the actual or basic value of the property. of just compensation that plenary and, like police
2. If entire property not expropriated: title over the property passes to the government. Therefore, power, can “reach every form of property which the State
Value of property - consequential benefits + until the action for might need for public use”. All
consequential expropriation has been completed and terminated, separate interests of individuals in property are held of the
damages ownership over the property being government under this tacit
(basic or actual) (CB) (CD) expropriated remains with the registered owner. agreement or implied reservation. Notwithstanding the
If consequential benefits exceed consequential damages, Consequently, the latter can exercise grant to individuals, the eminent
CB and CD should be all rights pertaining to an owner, including the right to domain, the highest and most exact idea of property,
disregarded because the BASIC VALUE of the property dispose of his property, subject to remains in the government, or in
should be paid in every

13
the aggregate body of the people in their sovereign Republic was ordered to pay just compensation twice; the f after condemnation, the paramount title is in the public
capacity; and they have the right to irst was in the expropriation under a new and independent
resume the possession of the property whenever the public proceedings, and the second, in the action for recovery of title.
interest requires it. Thus, possession. Fifty-seven (57) POWER OF TAXATION—is the power to demand from
the State or its authorized agents cannot be forever barred years have passed since then. The Court construed the the members of society their
from exercising said right by Republic’s failure to pay just proportionate share/contribution in the maintenance of the
reason alone of previous non-compliance with any legal compensation as a deliberate refusal on its part. Under such government.
requirement. circumstances, recovery of It is the power by which the State raises revenue to defray
While the principle of res judicata does not denigrate the possession is in order. It was then held that where the the necessary
right of the State to government failed to pay just expenses of the Government.
exercise eminent domain, it does not apply to specific compensation within 5 years from the finality of the Scope: covers persons, property or occupation to be taxed
issues decided in a previous judgment in the expropriation within the taxing jurisdiction.
case. For example, a final judgment dismissing an proceedings, the owners concerned shall have the right to It is so pervasive; it reaches even the citizens abroad and
expropriation suit on the ground that recover possession of their their income outside the
there was no prior offer precludes another suit raising the property. Philippines; all the income earned in the Philippines by a
same issue; it cannot, Plaintiff’s right to dismiss the complaint in Eminent citizen or alien.
however, bar the State or its agent, from thereafter Domain Basis: power emanating from necessity (lifeblood doctrine)
complying with this requirement, as In expropriation cases, there is no such thing as the Importance of Taxation:
prescribed by law, and subsequently exercising its power of plaintiff’s “matter-of-right” to 1. No constitutional government can exist without it;
eminent domain over the dismiss the complaint, precisely because the landowner 2. It is one great power upon which the whole national
same property. [Municipality of Parañaque vs. V.M. may have already suffered fabric is based;
Realty Corp., 292 SCRA 678 damages at the start of the taking. The plaintiff’s right to 3. It is necessary for the existence and prosperity of the
(1998)] dismiss the complaint has nation; and
When may the property owner be entitled to the return of always been subject to court approval and to certain 4. It is the lifeblood of the nation.
the expropriated conditions. (NAPOCOR & Pobre Who may exercise? Generally, the legislature, but also
property in eminent domain cases? vs. CA, G.R. No. 106804, August 12, 2004) upon valid delegation:
 In Provincial Government of Sorsogon vs. Villaroya, Right to repurchase or re-acquire the property 1. Lawmaking bodies of LGUs (Sec. 5, Art. X);
the unpaid landowners were The property owner’s right to repurchase the property 2. President (limited extent-delegated tariff powers), under
allowed the alternative remedy of recovery of the property. depends upon the Sec. 28 (2), Art. VI of
The Court ruled that “under character of the title acquired by the expropriator, e.g., if the Constitution or as an incident of emergency powers that
ordinary circumstances, immediate return to the owners of the land is expropriated for a Congress may
the unpaid property is the particular purpose with a condition that when the purpose is grant to him under Sec. 23 (2), art. VI.
obvious remedy.” ended or abandoned, the Purpose: unavoidable obligation of the government to
However, in cases where land is taken for public use, property shall revert to the former owner, then the former protect the people and extend
public interest must be owner can re-acquire the them benefits in the form of public projects and services.
considered. (Estate of Salud Jimenez vs. PEZA, 349 property. In this case, the terms of the judgment in the Public purpose—proceeds must be devoted to public use. It
SCRA 240) expropriation case were very includes INDIRECT
Right of landowner in case of non-payment of just clear and unequivocal, granting title to the lot in fee simple public advantage/benefits. The mere fact that the tax will be
compensation—as a rule, it to the Republic. No condition directly enjoyed by private
does not entitle the landowners to recover possession of the on the right to repurchase was imposed. (Mactan-Cebu individual does not make it INVALID so long as the same
expropriated lots, but only International Airport link to public welfare is
to demand payment of the fair market value of the property. Authority vs. CA, G.R. No. 139495, Novermber 27, 2000) established.
(Republic vs. CA, G.R. Republic vs. CA, G.R. No. 146587, July 2, 2002, in Requisites:
No. 146587, July 2, 2002; Reyes vs. NHA, G.R. No. arguing for the return of 1. It must be for public purpose;
147511, January 20, 2003). their property on the basis of non-payment, respondents 2. It shall be uniform;
However, in RP vs. Vicente Lim, G.R. No. 161656, June ignored the fact that the right of 3. Person or property taxed shall be within the jurisdiction
29, 2005, the SC said the expropriatory authority is far from that of an unpaid of the taxing authority;
that the facts of the case do not justify the application of the seller in ordinary sales to which 4. In assessment & collection, notice and hearing shall be
rule. In this case, the the remedy is rescission may perhaps apply. Expropriation provided.
is an in rem proceeding, and Limitations on the Power of Taxation

14
Inherent limitations: Double taxation is allowed by law. However, it will not be granted for a valuable consideration—deemed to partake of
1. Public purpose; allowed if the same will the nature of
2. Non-delegability of power; result in violation of the equal protection clause. What is contract and obligation thereof—protection against
3. Territoriality or Situs of taxation; prohibited is direct double impairment.
4. Exemption of government from taxation; taxation. In Lladoc vs. CIR, 14 SCRA 292, a parish priest accepted a
5. International comity—generally accepted principles of In Punzalan vs. Municipal Board of Manila, 95 Phil. 46, donation to be used
international law there is no double for the construction of a church. The money was spent for
Constitutional limitations: taxation if one tax is imposed by the LGU and the other by the purpose. The CIR
1. Due process of law—tax should not be confiscatory. the National Government. imposed tax. The objection was based on constitutional
Due process does not require previous notice and hearing Taxes—the enforced proportional contributions from exemption of church properties
before a law persons and property levied by the from taxes. The SC rejected. Exemption referred only to
prescribing fixed/specific taxes on certain articles may be State by virtue of its sovereignty for the support of the property taxes imposed on
enacted. government and for all public lands, buildings and improvements used for religious
If the tax to be collected is to be based on the value of needs. purposes. The tax in this case is
the taxable property—ad TAX LICENSE not an ad valorem tax on the church itself but an excise tax
valorem tax—the taxpayer is entitled to be notified of the 1. AS TO BASIS imposed on the priest (not
assessment proceeding Power of taxation—to raise revenue Police power—to on the properties) for his exercise of the privilege to accept
and to be heard on the correct valuation. regulate the donation.
2. Equal protection of law—taxes should be uniform and 2. AS TO LIMITATION Territoriality in Taxation—the power to tax operates only
equitable. Rate or amount to be collected is unlimited within the territorial
3. Uniformity—persons/things belonging to the same class provided it is not confiscatory jurisdiction of the taxing authority. It cannot be exercised
shall be taxed at the Amount is limited to cost of: a)issuing the beyond the boundaries except
same rate license; and b)necessary inspection of under certain circumstances.
Equitability—taxes should be apportioned among the police surveillance Taxable Situs of Real Properties—the place where they
people according to their 3. AS TO OBJECT are situated
capacity to pay Imposed on persons or property Paid for privilege of doing Mobilia Sequntur Personam—the intangible personal
Progressivity— something but property such as credits, bank
4. Non-impairment of contracts privilege is revocable deposits, bonds, corporate stocks which do not admit of
5. Non-imprisonment for non-payment of poll tax 4. AS TO EFFECT OF NON-PAYMENT actual location and do not have
6. Revenue and tariff bills must originate in the HOR Business or activity does not become inherent value but mere evidence of debts or property are
7. Non-infringement of religious freedom illegal usually taxable in the state of
8. Delegation of legislative authority to the President to fix Business becomes illegal residence of the owner.
tariff rates, import and Tax Debt Uniformity in Taxation—all taxable articles, or kinds of
export quotas, tonnage and wharfage dues due to the government in its sovereign property of the same class,
9. Tax exemption of properties actually, directly and capacity shall be taxed at the same rate. There is uniformity when a
exclusively used for religious, due to the government in its corporate tax operates in taxation with
charitable and educational purposes capacity the same force and effect on its subject wherever found.
10.Majority vote of all the members of Congress required Taxes cannot be subject to off-setting or compensation for Equality of Taxation—taxes shall be strictly proportional
in case of legislative the simple reason that the to the relative value of the
grant of tax exemptions government and the taxpayers are not creditors and debtors taxable property.
11.Non-impairment of the SC’s jurisdiction in tax cases of each other.
12.Tax exemption of revenues and assets of, including (Philex Mining Corp. vs. CIR, 294 SCRA 687)
grants, endowments, Tax exemptions: SUGGESTED ANSWERS
donations, or contributions to, educational institutions. -discretion of the legislature TO BAR EXAMINATION
Double taxation—additional taxes are laid: 1. Sec. 28 (4), Art. VI IN
1. On the same subject; 2. Sec. 28 (3), Art. VI POLITICAL LAW
2. By the same taxing authority; 3. Sec. 4 (3), Art. XIV ARRANGED BY TOPIC
3. During the same taxing period; and 4. Sec. 4 (4), Art. XIV (1987 – 2006)
4. For the same purpose. 5. Where tax exemption is granted gratuitously, it may be Edited and Arranged by:
revoked at will; but not if Atty. Janette Laggui-Icao and

15
Atty. Alex Andrew P. Icao of Incorporation" in Constitutional Law? are skeptical, and had even warned that no
(Silliman University College of Law) SUGGESTED ANSWER: treaty or international agreement may go into
July 26, 2005 The DOCTRINE OF INCORPORATION means effect without the concurrence of two-thirds of
Updated by: that the rules of International law form part of all members of the Senate.
Romualdo L. Señeris II, LLB. the law of the land and no legislative action is BAR Q&A (as arranged by Topics) – POLITICAL LAW
April 19, 2007 required to make them applicable to a country. (1987-2006) 19
From the ANSWERS TO BAR EXAMINATION The Philippines follows this doctrine, because A former senator had said, "it is completely
QUESTIONS Section 2. Article II of the Constitution states wrong, if not erroneous," and "is an amendment
in POLITICAL LAW by the that the Philippines adopts the generally of the Constitution by misinterpretation." Some
UP LAW COMPLEX and accepted principles of international law as part members of the Lower House agree with
PHILIPPINE ASSOCIATION OF LAW SCHOOLS of the law of the land. Secretary Ordonez, while others lament the
Doctrine of Incorporation; Pacta Sunt latter's opinion as "questionable, unfortunate,
ARTICLE II Declaration of Servanda (2000) and without any basis at all."
Principles and State Policies No X. The Philippines has become a member of Do you or do you not agree with the
Armed Forces; Servant of the People (2003) the World Trade Organization (WTO) and aforementioned ruling of the Department of
No I - Article II. Section 3, of the 1987 resultantly agreed that it "shall ensure the Justice? Why?
Constitution expresses, in part, that the "Armed conformity of its laws, regulations and SUGGESTED ANSWER:
Forces of the Philippines is the protector of the administrative procedures with its obligations as No. The Constitution provides that if foreign
people and (of) the State." Describe briefly what provided in the annexed Agreements." This is military bases, troops or facilities are to be
this provision means. Is the Philippine National assailed as unconstitutional because this allowed after the expiration of the present
Police covered by the same mandate? undertaking unduly limits, restricts and impairs Philippine-American Military Bases Agreement
FIRST ALTERNATIVE ANSWER: Philippine sovereignty and means among in 1991, it must be "under a treaty duly
Article II, Section 3 of the 1987 Constitution others that Congress could not pass legislation concurred in by the Senate and, when the
means that the Armed Forces of the Philippines that will be good for our national interest and Congress so requires, ratified by a majority of
should not serve the interest of the President general welfare if such legislation will not the votes cast by the people in a national
but of the people and should not commit conform with the WTO Agreements. Refute this referendum." (Art. XVIII, sec. 25) A mere
abuses against the people. (Record of the argument. (5%) agreement, therefore, not a treaty, without the
Constitutional Commission, Vol. V, p. 133.) This SUGGESTED ANSWER: concurrence of at least 2/3 of all the members
provision is specifically addressed to the Armed According to Tanada v. Angara, 272 SCRA 18 of the Senate will not be valid (Art. VII, sec. 21,
Forces of the Philippines and not to the (1997), the sovereignty of the Philippines is Art. XVIII, sec. 4). With respect to the provision
Philippine National Police, because the latter is subject to restriction by its membership in the allowing nuclear weapons within the bases, the
separate and distinct from the former. (Record family of nations and the limitations imposed of Constitution appears to ban such weapons from
of the Constitutional Commission, Vol. V, p. 296; treaty limitations. Section 2. Article II of the the Philippine territory. It declares as a state
Manalo v. Sistoza. 312 SCR A 239 [1999].) Constitution adopts the generally accepted policy that "the Philippines, consistent with the
SECOND ALTERNATIVE ANSWER: principles of international law as part of the law national interest, adopts and pursues a policy of
Article II, Section 3 of the 1987 Constitution can of the land. One of such principles is pacta sunt freedom from nuclear weapons in its territory."
be interpreted to mean that the Armed Forces servanda. The Constitution did not envision a (Art, II, sec. 8) However, the deliberations of the
of the Philippines can be a legitimate instrument hermit-like isolation of the country from the rest Constitutional Commission would seem to
for the overthrow of the civilian government if it of the world. indicate that this provision of the Constitution is
has ceased to be the servant of the people. Freedom from Nuclear Weapons; Foreign "not something absolute nor 100 percent
(Bernas, The 1987 Constitution of the Philippines: Military Bases (1988) without exception." It may therefore be that
A Commentary, 2003 ed., p. 66.) This provision No. 22: The Secretary of Justice had recently circumstances may justify a provision on
does not apply to the Philippine National Police, ruled that the President may negotiate for a nuclear weapons.
because it is separate and distinct from the modification or extension of military bases Philippine Flag (Q4-2006)
Armed Forces of the Philippines. (Record of the agreement with the United States regardless of State whether or not the law is constitutional.
Constitutional Commission, Vol. V, p. 296, Manalo v. the "no nukes" provisions in the 1987 Explain briefly.
Sistoza. 312 SCRA 239 [1999].) Constitution. The President forthwith 1. A law changing the design of the
Doctrine of Incorporation; Constitutional announced that she finds the same opinion Philippine flag. (2%)
Law (1997) "acceptable" and will adopt it. The Senators on ALTERNATIVE ANSWER:
No. 1; What do you understand by the "Doctrine the other hand, led by the Senate President, The law is invalid considering that under Article

16
XVI, Section 1 of the 1987 Constitution, the flag avoid any regional clique from forming funds deposited in the Philippine National Bank
of the Philippines shall be red, white, and blue, within the AFP. [Article XVI, Section 5(7)] and Far East Bank. Indonesia went to the Court
with a sun and three stars, as consecrated and j. A 3-year limitation on the tour of duty of of Appeals on a petition for certiorari under Rule
honored by the people and recognized by law. the Chief of Staff, which although 65 of the Rules of Court.
Since the Constitution itself prescribes the extendible in case of emergency by the How would the Court of Appeals decide the
design, it can only be changed by constitutional President, depends on Congressional case?
amendment. declaration of emergency. [Article XVI, SUGGESTED ANSWER:
ALTERNATIVE ANSWER: Section 5(6)] The Court of Appeals should dismiss the
The law is valid, provided that the new design The establishment of a police force that is not petition insofar as it seeks to annul the order
does not change the elements and color only civilian in character but also under the local denying the motion of the Government of
scheme of the flag as stated in the Constitution, executives. [Article XVI, Section 5(7)] Indonesia to dismiss the counterclaim. The
and the flag is consecrated and honored by the State Immunity from Suit (1991) counterclaim in this case is a compulsory
people. Since the Constitution itself states that No. 13; In February 1990, the Ministry of the counterclaim since it arises from the same
the flag must be recognized by law, it implies Army. Republic of Indonesia, invited bids for the contract involved in the complaint. As such it
that certain aspects of the flag are subject to supply of 500,000 pairs of combat boots for the must be set up otherwise it will be barred.
change through legislative action. use of the Indonesian Army. The Marikina Shoe Above all, as held in Froilan vs. Pan Oriental
Principle of Civilian Supremacy (Q6-2006) Corporation, a Philippine corporation, which has Shipping Co., 95 Phil. 905, by filing a complaint,
2. What Constitutional provisions institutionalize no branch office and no assets in Indonesia, the state of Indonesia waived its immunity from
the principle of civilian supremacy? (2.5%) submitted a bid to supply 500,000 pairs of suit. It is not right that it can sue in the courts
SUGGESTED ANSWER: BAR Q&A (as arranged by Topics) – POLITICAL LAW but it cannot be sued. The defendant therefore
The following constitutional provisions (1987-2006) 20 acquires the right to set up a compulsory
institutionalize the principle of civilian combat boots at U.S. $30 per pair delivered in counterclaim against it.
supremacy: Jakarta on or before 30 October 1990. The However, the Court of Appeals should grant the
a. Civilian authority is at all times supreme contract was awarded by the Ministry of the petition of the Indonesian government insofar
over the military. [Article II, Section 3] Army to Marikina Shoe Corporation and was as it sought to annul the garnishment of the
b. The installation of the President, the signed by the parties in Jakarta. Marikina Shoe funds of Indonesia which were deposited in the
highest civilian authority, as the Corporation was able to deliver only 200,000 Philippine National Bank and Far East Bank.
Commander-in-Chief of the military. [Article pairs of combat boots in Jakarta by 30 October Consent to the exercise of jurisdiction of a
VII, Section 18] 1990 and it received payment for 100,000 pairs foreign court does not include waiver of the
c. The requirement that members of the or a total of U.S. $3,000,000.00. The Ministry of separate immunity from execution. (Brownlie,
AFP swear to uphold and defend the the Army promised to pay for the other 100,000 Principles of Public International Law, 4th ed., p.
Constitution, which is the fundamental law pairs already delivered as soon as the 344.) Thus, in Dexter vs. Carpenter vs. Kunglig
of the civil government. [Article XVI, remaining 300,000 pairs of combat boots are Jarnvagsstyrelsen, 43 Fed 705, it was held the
Section 5(1)] delivered, at which time the said 300,000 pairs consent to be sued does not give consent to the
d. The requirement that members of the will also be paid for. Marikina Shoe Corporation attachment of the property of a sovereign
AFP shall have respect for people's rights failed to deliver any more combat boots. government.
in the performance of their duty. [Article On 1 June 1991, the Republic of Indonesia filed State Immunity from Suit (1996)
XVI, Section 5(2)] an action before the Regional Trial Court of No. 6; The Republic of the Balau (formerly
e. Professionalism in the armed forces. Pasig. Rizal, to compel Marikina Shoe Palau Islands) opened and operated in Manila
[Article XVI, Section 5(3)] Corporation to perform the balance of its an office engaged in trading Balau products
f. Insulation of the AFP from partisan obligations under the contract and for damages. with Philippine products. In one transaction,
politics. [Article XVI, Section 5(3)] In its Answer, Marikina Shoe Corporation sets the local buyer complained that the Balau
g. Prohibition against the appointment of an up a counterclaim for U.S. $3,000,000.00 goods delivered to him were substandard and
AFP member in the active service to a representing the payment for the 100,000 pairs he sued the Republic of Balau, before the
civilian position. [Article XVI, Section 5(4)] of combat boots already delivered but unpaid. Regional Trial Court of Pasig, for damages.
h. Compulsory retirement of officers without Indonesia moved to dismiss the counterclaim, a) How can the Republic of Balau invoke its
extension of service. [Article XVI, Section asserting that it is entitled to sovereign sovereign immunity? Explain.
5(5)] Immunity from suit. The trial court denied the b) Will such defense of sovereign immunity
i. Requirement of proportional recruitment motion to dismiss and issued two writs of prosper? Explain.
from all provinces and cities, so as to garnishment upon Indonesian Government SUGGESTED ANSWER:

17
A) The Republic of Balau can invoke its guaranteed in Section 9, Article III of the 1987 by its regular employees in the discharge of
sovereign Immunity by filing a motion to dismiss Constitution that private property shall not be governmental functions. The municipality is
in accordance with Section l(a), Rule 16 of the taken for public use without just compensation answerable only when it is acting in a
Rules of Court on the ground that the court has will be rendered nugatory. proprietary capacity.
no jurisdiction over its person. (2) No, the owner cannot garnish public funds In the case at bar, Johnny was a regular
According to the Holy See vs. Rosario, 238 to satisfy his claim for payment, Section 7 of Act employee of the Municipality of Calumpit as
SCRA 524, in Public International Law, when a No. 3083 prohibits execution upon any driver of its dump truck; he committed a tortious
State wishes to plead sovereign immunity in a judgment against the government. As held in act while discharging a governmental function
foreign court, it requests the Foreign Office of Republic vs. Palacio, 23 SCRA 899, even if the for the municipality, ie., driving recklessly the
the State where it is being sued to convey to government may be sued, it does not follow that said truck loaded with sand for the repair of
the court that it is entitled to immunity. In the its properties may be seized under execution. municipal streets. Undoubtedly then, Johnny as
Philippines, the practice is for the foreign ALTERNATIVE ANSWER: driver of the dump truck was performing a duty
government to first secure an executive (2) No, funds of the government on deposit in or task pertaining to his office. The construction
endorsement of its claim of sovereign immunity. the bank cannot be garnished for two reasons: or maintenance of public streets are admittedly
In some cases, the defense of sovereign 1. Under Art. II, Sec. 29 (1) public funds governmental activities. At the time of the
immunity is submitted directly to the local court cannot be spent except in pursuance of an accident, Johnny was engaged in the discharge
by the foreign government through counsel by appropriation made by law, and of governmental functions.
filing a motion to dismiss on the ground that the 2. essential public services will be impaired if Hence, the death of the two passengers of the
court has no Jurisdiction over its person. funds of the government were subject to jeepney -tragic and deplorable though it may be
b) No, the defense of sovereign Immunity will execution, (Commissioner of Public - imposed on the municipality no duty to pay
not prosper. The sale of Balau products is a Highways vs. San Diego, 31 SCRA 616 monetary compensation, as held in Municipality
contract involving a commercial activity. In (1970)). The remedy of the prevailing party of San. Fernando v. Firme, 195 SCRA 692.
United States vs. Ruiz, 136SCRA487 and is to have the judgment credit in his favor State Immunity from Suit (1992)
United States vs. Guinto, 182 SCRA 644, it was included in the general appropriations law No. 9: The Northern Luzon Irrigation Authority
stated that a foreign State cannot invoke for the next year. (NLIA) was established by a legislative charter
Immunity from suit if it enters into a commercial State Immunity from Suit (1994) to strengthen the irrigation systems that supply
contract. The Philippines adheres to No. 6; Johnny was employed as a driver by the water to farms and commercial growers in the
RESTRICTIVE SOVEREIGN IMMUNITY. Municipality of Calumpit, Bulacan. While driving area. While the NLIA is able to generate
State Immunity from Suit (1989) recklessly a municipal dump truck with its load revenues through its operations, it receives an
No. 13: A property owner filed an action directly of sand for the repair of municipal streets, annual appropriation from Congress. The NLIA
in court against the Republic of the Philippines Johnny hit a jeepney. Two passengers of the is authorized to "exercise all the powers of a
BAR Q&A (as arranged by Topics) – POLITICAL LAW jeepney were killed. corporation under the Corporation Code."
(1987-2006) 21 The Sangguniang Bayan passed an ordinance Due to a miscalculation by some of its
seeking payment for a parcel of land which the appropriating P300,000 as compensation for employees, there was a massive irrigation
national government utilized for a road widening the heirs of the victims. overflow causing a flash flood in Barrio Zanjera.
project. 1) Is the municipality liable for the negligence A child drowned in the incident and his parents
(1) Can the government invoke the doctrine of of Johnny? now file suit against The NLIA for damages.
non-suitability of the state? 2) Is the municipal ordinance valid? May the NLIA validly invoke the immunity of the
(2) In connection with the preceding question, SUGGESTED ANSWER: State from suit? Discuss thoroughly.
can the property owner garnish public 1) Yes, the Municipality of Calumpit is liable for SUGGESTED ANSWER:
funds to satisfy his claim for payment? the negligence of its driver Johnny. Under BAR Q&A (as arranged by Topics) – POLITICAL LAW
Explain your answers. Section 24 of the Local Government Code, local (1987-2006) 22
SUGGESTED ANSWER: government units are not exempt from liability No, the Northern Luzon Irrigation Authority may
(1) No, the government cannot invoke the for death or injury to persons or damage to not invoke the immunity of the State from suit,
doctrine of state of immunity from suit. As held property. because, as held in Fontanilla vs. Maliaman,
in Ministerio vs. Court of First Instance of Cebu, ALTERNATIVE ANSWER: 179 SCRA 685 and 194 SCRA 486, irrigation is
40 SCRA 464, when the government No, the municipality is not liable for the a proprietary function. Besides, the Northern
expropriates property for public use without negligence of Johnny, the prevailing rule in the Luzon Irrigation Authority has a juridical
paying just compensation, it cannot invoke its law of municipal corporations is that a personality separate and distinct from the
immunity from the suit. Otherwise, the right municipality is not liable for the torts committed government, a suit against it is not a suit

18
against the State. Since the waiver of the Philippines for damages caused his yacht, BAR Q&A (as arranged by Topics) – POLITICAL LAW
immunity from suit is without qualification, as which was rammed by a navy vessel. (1987-2006) 23
held in Rayo vs. Court of First Instance of (b) "X" also sued in another case the prove that the State is liable but the State
Bulacan, 110 SCRA 456, the waiver includes Secretary of Public Works and the retains the right to raise all lawful defenses.
an action based on a quasi-delict. Republic of the Philippines for payment of State Immunity from Suit (1993)
State Immunity from Suit (1999) the compensation of the value of his land, No 19: Devi is the owner of a piece of land.
A. 1.) What do you understand by state which was used as part of the tarmac of Without prior expropriation or negotiated sale,
immunity from suit? Explain. (2%) the Cebu International Airport, without prior the national government used a portion thereof
2.) How may consent of the state to be expropriation proceedings. for the widening of the national highway. Devi
sued be given? Explain. (2%) The Solicitor General moved to dismiss the two filed a money claim with the Commission on
SUGGESTED ANSWER: cases invoking state immunity from suit Decide. Audit which was denied. Left with no other
1.) STATE IMMUNITY FROM SUIT means SUGGESTED ANSWER: recourse, Devi filed a complaint for recovery of
that the State cannot be sued without its (a) The government cannot be sued for property and/or damages against the Secretary
consent. A corollary of such principle is that damages considering that the agency which of Public Works and Highways and the
properties used by the State in the performance caused the damages was the Philippine Navy. Republic of the Philippines, The defendant
of its governmental functions cannot be subject Under Art. 2180 of the Civil Code, the state moved for dismissal of the complaint
to judicial execution. consents to be sued for a quasi-delict only contending that the government cannot be sued
2.) Consent of the State to be sued may be when the damage is caused by its special without its consent. The RTC dismissed the
made expressly as in the case of a specific, agents. Hence, the Solicitor General's motion complaint. On appeal, how would you decide
express provision of law as waiver of State should be granted and the suit brought by "X" the case.
immunity from suit is not inferred lightly (e.g. C.A. be dismissed. SUGGESTED ANSWER:
327 as amended by PD 1445} or impliedly as when (b) But the government CANNOT INVOKE the The order dismissing the complaint should be
the State engages in proprietary functions (U.S. state's immunity from suit. As held in Ministerio reversed. In Ministerio v. Court of First Instance
v. Ruiz, U.S. v. Guinto) or when it files a suit in v. Court of First Instance. 40 SCRA 464 (1971), of Cebu, 40 SCRA 464, it was held that when
which case the adverse party may file a which also involved the taking of private the government takes property from a private
counterclaim (Froilan v. Pan Oriental Shipping) or property without the benefit of expropriation landowner without prior expropriation or
when the doctrine would in effect be used to proceeding, "The doctrine of governmental negotiated sale, the landowner may maintain a
perpetuate an injustice (Amigable v. Cuenca, 43 immunity from suit cannot serve as an suit against the government without violating
SCRA 360). instrument for perpetrating an injustice on a the doctrine of government Immunity from suit.
State Immunity from Suit (1999) citizen. . . . When the government takes any The government should be deemed to have
No VI - B. The employees of the Philippine property for public use, which is conditional waived impliedly its immunity from suit.
Tobacco Administration (PTA) sued to recover upon the payment of just compensation, to be Otherwise, the constitutional guarantee that
overtime pay. In resisting such claim, the PTA judicially ascertained, it makes manifest that it private property shall not be taken for public
theorized that it is performing governmental submits to the jurisdiction of the court." The use without just compensation will be rendered
functions. Decide and explain. (2%) Solicitor General's motion to dismiss should, nugatory.
SUGGESTED ANSWER: therefore, be denied. State Principles & Policies (1994)
As held in Philippine Virginia Tobacco State Immunity vs. Waiver of Immunity No. 1; What is the state policy on:
Administration v. Court of Industrial Relations, (1997) a) working women?
65 SCRA 416, the Philippine Tobacco No, 6: It is said that "waiver of immunity by the b) ecology?
Administration is not liable for overtime pay, State does not mean a concession of its c) the symbols of statehood?
since it is performing governmental functions. liability". What are the implications of this d) cultural minorities?
Among its purposes are to promote the phrase? e) science and technology?
effective merchandising of tobacco so that SUGGESTED ANSWER: SUGGESTED ANSWER:
those engaged in the tobacco industry will have The phrase that waiver of immunity by the State a) Section 14, Article XIII of the Constitution
economic security, to stabilize the price of does not mean a concession of liability means provides: "The State shall protect WORKING
tobacco, and to improve the living and that by consenting to be sued, the State does WOMEN by providing safe and healthful
economic conditions of those engaged in the not necessarily admit it is liable. As stated in working conditions, taking into account their
tobacco industry. Philippine Rock Industries, Inc. vs. Board of maternal functions, and such facilities and
State Immunity from Suit (1987) Liquidators, 180 SCRA 171, in such a case the opportunities that will enhance their welfare and
(a) "X" filed a case against the Republic of the State is merely giving the plaintiff a chance to enable them to realize their full potential in the

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service of the nation." Section 17. Article XIV of the Constitution incentives, including TAX DEDUCTIONS, to
b) Section 16, Article II of the Constitution states: "The State shall recognize, respect and encourage private participation in programs of
provides: The State shall protect and advance protect the rights of indigenous cultural basic and applied scientific research.
the right of the people and their posterity to a communities to preserve and develop their Scholarships, grants-in-aid or other forms of
balanced and healthful ECOLOGY in accord cultures, traditions, and institutions. It shall Incentives shall be provided to deserving
with the rhythm and harmony of nature." BAR Q&A (as arranged by Topics) – POLITICAL LAW science students, researchers, scientists,
c) Section 1, Article XVII of the Constitution (1987-2006) 24 investors, technologists, and specially gifted
provides: "The FLAG OF THE PHILIPPINES consider these rights in the formulation of citizens."
shall be red, white, and blue, with a sun and national plans and policies." Section 12, Article XIV of the Constitution
three stars, as consecrated and honored by the e) Section 17, Article II of the Constitution reads: The State shall regulate the transfer and
people and recognized by law." provides: "The State shall give priority to promote the adaptation of technology from all
Section 2, Article XVI of the Constitution states: EDUCATION, SCIENCE and TECHNOLOGY, sources for the national benefit. It shall
The Congress may by law, adopt a new name ARTS, CULTURE, and SPORTS to foster encourage widest participation of private
for the country, a national anthem, or a national patriotism and nationalism, accelerate social groups, local governments, and communitybased
seal, which shall all be truly reflective and progress, and promote total human liberation organizations in the generation and
symbolic of the ideals, history, and traditions of and development." utilization of science and technology."
the people. Such law shall take effect only upon Section 14, Article XII of the Constitution reads NOTE: It is suggested that if an examinee gave a
its ratification by the people in a national in part: "The sustained development of a substantive
referendum." reservoir of NATIONAL TALENTS consisting of answer without giving the exact provisions of the
d) Section 22, Article II of the Constitution Filipino scientists, entrepreneurs, professionals, Constitution,
provides: The State recognizes and promotes managers, high-level technical manpower and then he should be given full credit. Further, one provision
the rights of INDIGENOUS CULTURAL skilled workers and craftsmen shall be quoted/discussed by the examinee should be sufficient for
COMMUNITIES within the framework of promoted by the State, The State shall him
national unity and development." encourage appropriate technology and regulate to be given full credit.
Section 5, Article XII of the Constitution reads: Its transfer for the national benefit. Transparency; Matters of Public Interest
The State, subject to the provisions of this Sub-section 2, Section 3. Article XIV of the (1989)
Constitution and national development policies Constitution states: "They (EDUCATIONAL No. 3: Does the 1987 Constitution provide for a
and programs, shall protect the rights of INSTITUTIONS) shall inculcate patriotism and policy of transparency in matters of public
indigenous cultural communities to their nationalism, foster love of humanity, respect for interest? Explain.
ancestral lands to ensure their economic, social human rights, appreciation of the role of SUGGESTED ANSWER:
and cultural well-being. national heroes in the historical development of Yes, the 1987 Constitution provides for a policy
The Congress may provide for the applicability the country, teach the rights and duties of of transparency in matters of public interest.
of customary laws governing property rights or citizenship, strengthen ethical and spiritual Section 28, Article II of the 1987 Constitution
relations in determining the ownership and values, develop moral character and personal provides:
extent of the ancestral domains." discipline, encourage critical and creative 1. "Subject to reasonable conditions
Section 6, Art. XIII of the Constitution provides: thinking, broaden scientific and technological prescribed by law, the State adopts and
The State shall apply the principles of knowledge, and promote vocational efficiency." implements a policy of full disclosure of all
AGRARIAN REFORM or stewardship, Section 10. Article XIV of the Constitution its transactions involving public interest,"
whenever applicable in accordance with law, in declares: "SCIENCE and TECHNOLOGY are 2. Section 7, Article III of the 1987 Constitution
the disposition or utilization of other natural essential for national development and states: "The right of the people to
resources, including lands of the public domain progress. The State shall give priority to information on matters of public concern
under lease or concession suitable to research and development, invention, shall be recognized, Access to official
agriculture, subject to prior rights, homestead innovation, and their utilization; and to science records, and to documents, and papers
rights of small settlers, and the rights of and technology education, training, services. It pertaining to official acts, transactions, or
indigenous communities to their ancestral shall support indigenous, appropriate, and selfreliant decisions, as well as to government
lands. scientific and cultural capabilities, and research data used as basis for policy
The State may resettle landless farmers and their application to the country's productive development, shall be afforded the citizen,
farm workers in its own agricultural estates systems and national life." subject to such limitations as may be
which shall be distributed to them in the manner Section 11, Article XIV of the Constitution provided by law."
provided by law." provides: "The Congress may provide for 3. Section 20, Article VI of the 1987

20
Constitution reads: "The records and books transactions, or decisions, as well as to
of account of the Congress shall be government research data used as basis for
preserved and be open to the public in policy development, shall be afforded to citizen,
accordance with law, and such books shall subject to such limitations as may be provided
be audited by the Commission on Audit by law." (Section 7, Article III)
which shall publish annually an itemized list 3. The records and books of accounts of the
of amounts paid to and expenses incurred Congress shall be preserved and be open to
for each member." the public in accordance with law, and such
4. Under Section 17, Article XI of the 1987 books shall be audited by the Commission on
Constitution, the sworn statement of assets, Audit which shall publish annually an itemized
liabilities and net worth of the President, the list of amounts paid to and expenses incurred
Vice-President, the Members of the for each Member." (Section 20. Article VI)
Cabinet, the Congress, the Supreme Court, 4. The Office of the Ombudsman shall have
the Constitutional Commission and other the following powers, functions, and duties:
constitutional offices, and officers of the XXX XXX
BAR Q&A (as arranged by Topics) – POLITICAL LAW (6) Publicize matters covered by its
(1987-2006) 25 investigation when circumstances so
armed forces with general or flag rank filed warrant and with due prudence,"
upon their assumption of office shall be (Section 12, Article XI)
disclosed to the public in the manner 5. "A public officer or employee shall, upon
provided by law. assumption of office, and as often as thereafter
5. Section 21, Article XII of the Constitution may be required by law, submit a declaration
declares: "Information on foreign loans under oath of his assets, liabilities, and net
obtained or guaranteed by the government worth. In the case of the President, the Vice
shall be made available to the public." President, the Members of the Cabinet, the
6. As held in Valmonte vs. Belmonte, G.R. No. Congress, the Supreme Court, the
74930, Feb. 13, 1989, these provisions on Constitutional Commissions and other
public disclosures are intended to enhance constitutional offices, and officers of the armed
the role of the citizenry in governmental forces with general or flag rank, the declaration
decision-making as well as in checking shall be disclosed to the public in the manner
abuse in government. provided by law." (Section 17, Article XI)
Transparency; Matters of Public Interest 6. "Information on foreign loans obtained or
(2000) guaranteed by the Government shall be made
No V. State at least three constitutional available to the public." (Section 21 Article XII)
provisions reflecting the State policy on As explained In Valmonte v. Belmonte,
transparency in matters of public interest. What 170 SCRA 256 (1989), the purpose of
is the purpose of said policy? (5%) the policy is to protect the people from
SUGGESTED ANSWER: abuse of governmental power. If access
The following are the constitutional provisions to information of public concern is
reflecting the State policy on transparency in denied, the postulate "public office is a
matters of public interest: public trust" would be mere empty
1. "Subject to reasonable conditions words.
prescribed by law, the State adopts and {Note: The examinee should be given
Implements a policy of full public disclosure of full credit if he gives any three of the
all its transactions involving public interest." above-mentioned provisions.}
(Section 28, Article II)
2. The right of the people to information on
matters of public concern shall be recognized.
Access to official records, and to documents,
and papers pertaining to official acts,

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